Concurrent Estate Flashcards
Joint Tenancy
Four Unities
1) Time
2) Title
3) Interest
4) Possession
Incident of Co-Ownership
Accountability Exception
1) Ouster: (1) keeping co-tenant off, or (2) exclusive possession.
2) Agreement to share
3) Lease of proper by co-tenant to 3rd party
4) Depletion of natural resources.
Incident of Co-Ownership
Accountability General Rule
The Co-tenant does not have the account to another co-tenant for his share of profits.
Joint tenancy V. Tenants In Common
Joint Tenant:
“Each own undivided whole”
Tenants in Common:
“Each own individual share of whole” (Share)
Periodic Tenancy
Methods of Creation
1) By Express Agreement
2) By Implication: ( No agreement as to duration)
3) By operation of law
Joint Tenant
1) Intent to create JT
2) Right of survivorship
3) Each own the undivided whole
4) Conveyance of interest —– Creates a Tic
5) No inheritance
6) Termination: Voluntary or Involuntary
7) Mortgages: Lein or title