Concurrent Estates

Question 1

Joint Tenancy

Answer 1

1. Joint Tenancy’s distinguishing feature is the right of suvivorship.
2. Creation: Common law requires four unities that must be equal in every way (T-TIP):

• Time
• Title
• Interest
• Possession

3. Modern law requires a CLEAR intent to create a JT.

NOTE: To create a T you can use a strawperson.

Question 2

Severance of Joint Tenancy

Answer 2

“SPAM”: Sale, Partition, And, Mortgage

1. A joint tenant can sell her interest during her lifetime.
2. Partition can happen in three ways:
   * Agreement, partition in kind (big estates), forced sale.
3. Mortgage:

• Lien Theory States: No severance
• Title Theory States: JT is severed.

Question 3

Tenancy by The Entirety

Answer 3

Husband and wife each has an undiveded interest in teh whole estate and a right of survivorship.

Severed by:

• Divorce
• Death
• Mutual agreement
• Execution by a joint creditor against both H and W.

NOTE: An individual spouse cannot unilaterally sever and creditors of one spouse can reach the estate.

Question 4

Tenancy in Common

Answer 4

Rule: Each tenant has a distinct, proportionate, undiveded interest in the property. There is no right of surivorship.

DEFAULT concurrent estate.

Question 5

Co-Tenants: Possession

Answer 5

1. Each co-tenant is entitled to possess the whole.
2. If one co-tenant wrongfully exlcudes another co-tenant from possession of the whole or any part he has committed wrongful ouster.

Question 6

Co-Tenants’ Right to Rents

Answer 6

1. From another co-tenant:
   * Absent ouster, a co-tenant in exlusive possession is not liable to the others for rent.
2. From third parties:
   * A co-tenant who leases all or part of teh premesis to a third party must account to his co-tenants providing them their fair share of the rent income.

Question 7

Adverse Possession with respect to Co-Tenants

Answer 7

Unless he has ousted the other co-tenants, one co-tenant cannot acquire title from adverse possession because there is no hostility.

Question 8

Co-Tenants and Carrying Costs

Answer 8

Each co-tenant is responsible for his or her share of carrying costs (such as taxes and mortgage intrerest payments) based upon his undivided share.

Question 9

Co-Tenants and Repairs

Answer 9

1. A co-tenant who repairs enjoys a right to contribution from the other co-tenants for reasonable repairs.
2. Improvements: During the life of the co-tenancy there is no right to contribution for improvements.
   * However, at partition the improving co-tenant is entitled to a credit, equal to the increase in value caused by her efforts. BUT, is liable for an drop in value cause be her efforts.

Question 10

Co-Tenant Waste

Answer 10

A co-tenant must not commit any type of waste (voluntary, permissive, or ameliorative).

Question 11

Co-Tenant Partition

Answer 11

A co-tenant or tenant in common has a right to bring an action for partition (forced sale, agreement, partition in kind).