Concurrent Estates

Question 1

Concurrent Estate —

Answer 1

an estate in land which is held by more than one person concurrently, all of whom have the right to enjoyment and possession of the land.

Question 2

Joint Tenancy —

Answer 2

two tenants own a piece of land concurrently and enjoy a right of survivorship where when one tenant dies, the other absorbs the deceased tenant’s interest.

Question 3

Must a right of survivorship be expressly stated?

Answer 3

Yes, otherwise courts interpret it as tenancy in common.

Question 4

What severs a joint tenancy?

Answer 4

An *inter vivos conveyance of one of the tenant’s interests in the land. A tenancy in common results.

Question 5

When will an inter vivos conveyance of one’s interest in a joint tenancy not sever the entire joint tenancy?

Answer 5

Where there are more than two joint tenants, the one who has conveyed their interest becomes a tenant in common, the other two remain joint tenants.

Question 6

Will a testamentary conveyance of land in one’s will terminate a joint tenancy?

Answer 6

No, because the interest is not conveyed until the joint tenants death, which also terminates the joint tenancy.

Question 7

Tenancy by the Entirety —

Answer 7

a marital estate akin to a joint tenancy.

Question 8

What terminates a tenancy by the entirety?

Answer 8

Divorce, death, mutual agreement or execution by a joint creditor (including a plaintiff) of both spouses.

Question 9

Tenancy in Common —

Answer 9

a concurrent estate with no right of survivorship. Tenants can hold different interests in the property, but all of them have possession of the whole.

Question 10

Does a co-tenant in a concurrent estate have the right to exclusive possession of any part of the land?

Answer 10

No.

Question 11

When can a co-tenant who is out of possession bring a possessory action against a co-tenant?

Answer 11

Only when she is ousted; i.e. her co-tenant claims exclusive possession.

Question 12

Do profits accrued by one co-tenant belong to all the co-tenants?

Answer 12

No. They belong only to the co-tenant who earned them.

Question 13

What must a co-tenant share with other co-tenants?

Answer 13

Rents and net profits gained from the exploitation of the land.

Question 14

May a co-tenant encumber their interest in a joint tenancy or a tenancy in common?

Answer 14

Yes, but only their interest, not the interests of other co-tenants.

Question 15

Does a mortgage on one joint tenant’s interest sever a joint tenancy?

Answer 15

No, but if the mortgage is foreclosed on, the foreclosure sale will.

Question 16

May a co-tenant seek contribution from other co-tenants for repairs made to the property?

Answer 16

Yes, if she provides notice of the repairs.

Question 17

May a co-tenant seek contribution from other co-tenants for improvements made to the property?

Answer 17

No, unless there is a partition.

Question 18

May a co-tenant seek contribution from other co-tenants for taxes and mortgages on the property?

Answer 18

Yes, if they are for the whole property.

Question 19

At common law, a conveyance of property from O “to O and A as joint tenants with right of survivorship” creates a __________.

Answer 19

Tenancy in common because there are no four unities.

Question 20

Any tenant in common has a right to ________________, either in kind or by sale and division of the proceeds.

Answer 20

judicial partition.

Question 21

When co-tenants in common are squabbling and cannot come to an agreement, what remedy might a court employ?

Answer 21

partition of the land.

Question 22

What are the requirements for a common law joint tenancy?

Answer 22

time, title, interest, possession.

Question 23

What are the requirements for a joint tenancy under modern law?

Answer 23

a joint conveyance of property and rights of survivorship.

Question 24

In “lien theory” states, does a joint tenant’s mortgage sever the joint tenancy?

Answer 24

not by itself

Question 25

In “title theory” states, does a joint tenant’s mortgage sever a JT?

Answer 25

yes, because in title theory states a mortgage is considered a transfer of title, thereby terminating the JT.

Question 26

At what point is a joint tenancy severed when a cotenant contracts to convey her interest in the JT?

Answer 26

at the time of the execution. The execution of a conveyance of one’s interest in a JT severs at that moment.

Question 27

A sells house to B for $50,000. A gives B a general warranty deed. B later sells house to C for $75,000. B gives C a quit claim deed. C discovers title is not good. How much can C recover from whom?

Answer 27

C can recover $50,000 from A, because A made the sale purporting that title was good, and one which B relied.