Concurrent Estates

Question 1

Joint tenancy
Tenancy by the entirety
Tenancy in common

Which has right of survivorship?

Answer 1

Joint tenancy and tenancy by the entirety (which is by marriage)

Question 2

4 Unities for joint tenancy

Answer 2

TTIP

same Time
same Title
Identical equal Interests
right to Possess whole

Question 3

Severance of joint tenancy acronym?

Answer 3

SAP

Sale And Partition

Question 4

Types of partitions

Answer 4

Voluntary or judicial

Question 5

Mortgage majority Vs minority, and which has severance?

Answer 5

Lien theory (majority) has severance

Title theory (minority) has no severance

Question 6

Tenancy in common— interests are: (3)

Answer 6

Devisable, descendible, alienable

Question 7

Rights and duties of co-tenants

Answer 7

Right to possession (no ouster)

Rents and profits (but none from co-tenant in exclusive possession)

Question 8

What does a unilateral “improver” get or not get at partition? (In a TIC)

Answer 8

Credit for increase in value OR debit for diminution in value

Question 9

Three types of waste that T is held liable for:

Answer 9

Willful destruction
Neglect
Ameliorative (unilateral changing value, esp sentimental value if somehow measurable)

Question 10

Tenancy at will continues until …

Answer 10

One party doesn’t want it anymore

Question 11

Tenancy at sufferance ends when: (2)

Answer 11

L moves to evict or holds T to a new tenancy