CONCURRENT ESTATES IN LAND

Question 1

Joint Tenancy (4)

Answer 1

TTIP test:

1. time (same time)
2. title (same instrument)
3. interest (same kind and same amount)
4. possession (identical rights)

*surviving JTs automatically take on death

Question 2

joint tenancy (partition)

Answer 2

lines are drawn and party seeking is no longer JT and will own his or her partition outright

*may occur by voluntary agreement of parties

Question 3

joint tenancy (severance)

Answer 3

when one of 4 unities disturbed (cannot be severed by will)

ex. sale, mortgage, K of sale, creditor’s sale

Question 4

Lien Theory-mortgages

FLORIDA

Answer 4

no severance of a joint tenancy

MAJORITY - Florida

Question 5

Title Theory-mortgages

Answer 5

MINORITY

severs joint tenancy

Question 6

Tenancy in Common (default)

Answer 6

ONLY unity of POSSESSION

Question 7

Tenancy by the Entirety

Answer 7

4 unities PLUS MARRIAGE

CL: any concurrent grant to H and W

((FLORIDA)): follows CL and presumes grant to H and W creates this UNLESS express language of intent contrary

Question 8

Tenancy by the entirety (termination) (4)

Answer 8

1. death
2. mutual agreement in writing
3. divorce
4. execution by JOINT creditor

Question 9

“One co tenant does not have to acct to another co tenant for his share of the profits, subject to 4 EXCEPTIONS..”

Answer 9

1. ouster
2. agreement to share
3. lease by a co tenant to 3rd p
4. depletion of natural resources

Question 10

Ouster

Answer 10

keeping tenant off the property OR claiming right of exclusive possession

Question 11

Contribution

Answer 11

the right one 1 co tenant to force the others to pay their fair share of expenditures made on prop
(i)necessary repairs (ii) any mort signed by all co tenants (iii) govt imposed obligations

NOTE: any monies expended for improvements or non necessary repairs may be recouped later (at time of sale or partition)