concurrent estates

Question 1

3 forms of concurrent ownership

Answer 1

1) joint tenancy
2) tenancy by the entirety
3) tenancy in common

Question 2

joint tenancy def

Answer 2

2 or more won with right of survivor ship

Question 3

tenancy by the entirety def

Answer 3

b/w MARRIED partners with right of survivor ship

Question 4

tenancy in common def

Answer 4

2 or more own with NO right of survivor ship

Question 5

joint tenancy distinguishing characteristics

Answer 5

1) right of survivor ship: when 1 dies, share goes directly to surviving joint tenants
2) joint tenants is ALIENABLE, but NOT DIVISIBLE or DESCENDIBILE

Question 6

how to create joint tenancy (4 unities T-TIP)

Answer 6

joint tenants must take their interests

1) T: same TIME
2) T: same TITLE (instrument)
3) I: identifiable interest
4) P: POSSESS as whole

Question 7

must the grantor CLEARLY express the right of surviorship for joint tenancy

Answer 7

YES

Question 8

why are joint tenancy disfavored

Answer 8

b/c avoids probate , thus in addition to 4 unities, grantor must clearly state RIGHT OF SURVIVOR SHIP

Question 9

does IL need to use a straw man

Answer 9

NO

Question 10

use of a strawman

Answer 10

to create joint tenancy o had to transfer to straw who would transfer it back to O and joint tenant with same instrument and right of surviorship language to create a valid J/T

Question 11

acronym for SEVERANCE of a j/t

Answer 11

SPAM

1) Sale
2) Partition
3) And
4) Mortgage

Question 12

can a j/t sell or transfer their interest during lifetime secretly?

Answer 12

YES. even w/o others knowledge or consent

Question 13

what is a buyer of a j/t sale?

Answer 13

they are only tenants in common

Question 14

What if there are more than 2 j/t and 1 sells right?

Answer 14

j/t remains in tact, as b/w the other non-transferring j/t

- buyer only becomes tenants by common

Question 15

in equity what result will a j/t mere act of entering into K sale for her share do?

Answer 15

sever j/t as contracting parties interest under

1) doctrine of equitable conversion

Question 16

3 different ways for severance with partition of j/t

Answer 16

1) voluntary agreement
2) partition in kind
3) partition of sale

Question 17

partition in kind

Answer 17

court action PHYSICAL division of blackacre IF IN BEST INTEREST of ALL
- physically divide property

Question 18

forced sale in j/t for severance and partition

Answer 18

court action if BEST INTEREST OF ALL where blackacre is SOLD and proceeds are distributed proprietorially

Question 19

2 different theories for severance and mortgage of j/t

Answer 19

1) title theory

2) lien theory

Question 20

minority for severance and mortgage of j/t TITLE THEORY

Answer 20

1 J/T execution of a mortgage or a lien on his or her share WILL SEVER the j/t as to that encumbered share

Question 21

majority for severance and mortgage of j/t LIEN THEORY

Answer 21

whereby a j/y execution of a mortgage on his share WONT SEVER j/t

Question 22

does IL follow title theory or lien theory of severance of mortgage

Answer 22

LIEN THEORY

Question 23

Tenancy by the entirety how to create

Answer 23

b/w MARRIED COUPLES with right of survivor ship

Question 24

do most states that recognize the tenancy by the entirety, it arises a presumption?

Answer 24

YES at CL in any grant to married couples

Question 25

in IL do you need EXPRESS grant language to create tenants by entirety

Answer 25

YES must expressly state, unlike majority.

Question 26

what to remember by the co-ownership of tenants by the entirety (CANT TOUCH THIS)

Answer 26

very protective form of co-ownership

Question 27

can creditors of only 1 spouse touch the tenancy if tenants by the entirety

Answer 27

no

Question 28

under tenants by entirety can either tenant acting ALONE defeat right of survivor ship

Answer 28

NO. neither tenant acting alone can defeat the right of survivor ship by UNILATERAL transfer by 3rd party

Question 29

tenancy in common

Answer 29

1) each co-tenant owns AN INDIVIDUAL PART and each as a right to POSSESS THE WHOLE 2) each interest is DIVISIBILE, DESCENDIBILE AND ALIENABLE. no right of survivor ship 3) presumption favors tenancy in common

Question 30

is there any right of survivor ship in tenancy in common

Answer 30

NO

Question 31

Is the presumption in favor of tenancy in common

Answer 31

yes

Question 32

general rights and duties of co-tenants

Answer 32

1) possession 2) rent from co-tenant in exclusive possession 3) rent from third parties 4) adverse possession 5) carrying costs 6) repairs 7) improvements 8) waste (voluntary, permissive, ameliorative) 9) partition

Question 33

are each co-tenant entitled to possession of the whole

Answer 33

YES

Question 34

if one co-tenant wrongfully excludes another co-tenant from possession of whole or any part, he has committed what

Answer 34

WRONGFUL OUTSTER | - wrongful exclusion of another

Question 35

is rent from co-tenant in exclusive possession required

Answer 35

NO.

Question 36

absent ouster, a co-tenant in exclusive possession is not liable to other for rent

Answer 36

true

Question 37

does a co-tenant who leases all or part of the premises to a third party must account to co-tenant and give fair share of the rent income?

Answer 37

YES

Question 38

adverse possession: unless he has ousted the other co-tenant, one co-tenant in exclusive possession for the statutory adverse possession period cannot acquire exclusive title?

Answer 38

YES | - b/c not hostile and no outster

Question 39

carrying costs: is each co-tenant responsible for his or her fair share of CARRYING COSTS (such as taxes and mortgage interest payment) based upon UNDIVIDED SHARE

Answer 39

yes. ex: if M owes 90 % must pay 90 percent of share

Question 40

repairs: the repairing co-tenant enjoys what

Answer 40

right to CONTRIBUTION for REASONABLE NECESSARY REPAIRS

Question 41

when is a co-tenant allowed to enjoy right to contribution for reasonable necessary repairs

Answer 41

when they TOLD THE OTHER co-tenant of the need

Question 42

improvements: during the life of the co-tenancy is there a right to contribution for IMPROVEMENTS?

Answer 42

NO. - however, at partition the improving co-tenant is entitled to a CREDIT, equal to any increase in value she caused - if caused decreased in land, improver bears full liability for drop in value of what they caused

Question 43

3 wastes that co-tenant must not commit

Answer 43

1) voluntary: willful 2) permissive: neglect 3) ameloirative: increase in value w/o consent

Question 44

partition for j/t, tenancy in common

Answer 44

a j/t or tenant in common has a right to bring an action for partition

Question 45

in either a J/t or T/C does a claim agiainst 1 co-tenant bind the other/

Answer 45

No. a j/t or t/c may encumber her own interest, but may not encumber the other co-tenant;s interest. thus if a lien is attached to 1 co-tenant, it attaches only to that interest and not the others.

Question 46

Joint tenants and tenants in common rules for creditors on their interest

Answer 46

A joint tenant OR a tenant in common may encumber her own interest BUT MAY NOT ENCUMBER THE OTHER CO-tenants interest

Question 47

Can a joint tenants or a tenants in common encumber the other joint tenants or tenants in common interest in the land?

Answer 47

NO. May encumber own interest, but not encumber the other co-tenants interest.