Concurrent Estates

Question 1

Rights & Duties of Co-Tenants

Answer 1

Rights
1. Possess & enjoy entire property
2. Receive proportionate shares of net profits from removal of natural resources
3. Receive proportionate shares of rent from third parties

Duties
1. Pay proportionate shares of expenses that may give rise to lien (eg, mortgage, property tax)
2. Contribute to repair or improvement costs, but only upon agreement

Question 2

Indiv Lien on a Joint Tenant

Answer 2

A judgment lien on a joint tenant’s interest does not disrupt the four unities because it merely secures payment of a money judgment (ie, the tenancy remains intact). But a forced sale of the encumbered property (eg, foreclosure) does sever the tenancy—and creates a tenancy in common—since the sale disrupts the unities of time and title.

Under a joint tenancy, a deceased tenant’s property interest disappears and is absorbed by the surviving tenants due to the right of survivorship.
==> As a result, a judgment lien on the deceased tenant’s interest also disappears.

Question 3

Commercial Landlords

Answer 3

Absent a statutory or contractual duty, a commercial landlord has no duty to make repairs unless the repair

(1) is so substantial that it falls outside the tenant’s common-law duty to repair or
(2) would primarily benefit the value of the landlord’s property.