Concurrent Estates

Question 1

Joint Tenancy

Answer 1

Present possessory estate in land held concurrently by two or more tenants

Creation - Four Unities of Title - interests vested at same time, through same instrument (title), interest split equally, and right to possess the whole
* Time
* Title
* Interest
* Possession

Clear intent to create joint tenancy through words: “right of survivorship” (when one joint tenant dies, the other surviving joint tenants get the property)

Alienable, NOT devisable or descendible

• Different from tenancy in common because of right of survivorship and tenancy in common only has one unity (possession)

Question 2

Severing Joint Tenancy

Answer 2

Joint tenancy can be severed by act of one joint tenant
* Inter vivos conveyance: transferee takes as tenant in common
* Mortgage: lien theory (no severance until foreclosure); title theory (destroys unity of title and severs joint tenancy)

Question 3

Ouster

Answer 3

Unity of possession: each co-tenant has right to possess/enjoy whole property, subject to other co-tenant’s equal rights

Ouster: one tenant wrongfully excludes by claiming right to exclusive possession
* Ousted co-tenant entitled to her share of fair rental value of property for period she’s wrongfully deprived

Question 4

Obligations of Co-Tenants Tenants

Answer 4

Repairs: co-tenants must split cost of necessary repairs
* Co-tenant that pays more than pro-rata share can get contribution from other co-tenants in actions for accounting or partition

Rent Payments: co-tenants must share rents received from third parties (renters)

Taxes: each co-tenant must pay share of taxes if not in sole possession
* If one co-tenant in sole possession, must pay taxes and can only get reimbursed for amount that exceeds rental value of property

Mortgage: each co-tenant must pay share of mortgage payments

Question 5

Tenancy in Common

Answer 5

Concurrent estate with NO right of survivorship.
* Unity of possession only: each tenant has right to possess/enjoy whole property, subject to other co-tenants’ equal rights

Alienable, devisable and descendible

Question 6

Types of Waste

Answer 6

• Voluntary waste is willful destruction
• Permissive waste is neglect
• Ameliorative waste is unilateral change that increases value