Concurrent Estate Flashcards

1
Q

Joint Tenancy

Four Unities

A

1) Time
2) Title
3) Interest
4) Possession

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2
Q

Incident of Co-Ownership

Accountability Exception

A

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.

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3
Q

Incident of Co-Ownership

Accountability General Rule

A

The Co-tenant does not have the account to another co-tenant for his share of profits.

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4
Q

Joint tenancy V. Tenants In Common

A

Joint Tenant:
“Each own undivided whole”

Tenants in Common:
“Each own individual share of whole” (Share)

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5
Q

Periodic Tenancy

Methods of Creation

A

1) By Express Agreement
2) By Implication: ( No agreement as to duration)
3) By operation of law

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6
Q

Joint Tenant

A

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

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