Concurrent Estates in Land

Question 1

How to create a joint tenancy?

Answer 1

TTIP: Time, Title, Interest, Possession

Interests vest at same time, title is same instrument, interest is same, possession is same right of possession

Question 2

What happens when one member of a 4 person joint tenancy severs the JT?

Answer 2

JT ends, rest take in tenancy in common, those 3 keep their rights of survivorship

Question 3

tenancy in common: what unity? alienability? right of survivorship?

Answer 3

Unity of possession (all retain equal rights to whole property), freely alienable, any tenant can force partition, NO right of survivorship.

Question 4

Tenancy by the entirety:

Answer 4

same as joint tenancy except also unity of marriage. NOT severable by unilateral act of one spouse. Termination is by death, mutual agreement in writing, divorce, execution by a joint creditor.

Question 5

Co-Tenants sharing profits of the land:

Answer 5

Generally NO accounting for profits UNLESS there was: Ouster, Agreement to Share, Lease of property by co-tenant to third party, depletion of natural resources

Question 6

Co-tenants and contribution:1) improvements? 2) repairs? 3) Mortgage? 4) Taxes?

Answer 6

1) Improvements NO need to pay, 2) repairs YES must pay 3) Mortgages YES must pay, 4) taxes YES must pay.

Question 7

Tenancy for years definition:

What notice required to terminate?

Answer 7

Estate for specified time, definite start date and definite end date. NO MATTER if it is only for a few days. Definite time = tenancy for years. As soon as it ends tenant must leave.

Question 8

Periodic tenancy

Answer 8

month to month

Question 9

tenancy at will; termination by operation of law

Answer 9

either party can terminate at any time (give reasonable time to vacate). Termination by operation of law = waste by tenant, assignment by tenant, transfer of title by landlord, lease to third party by landlord

Question 10

tenancy at sufferance; options

Answer 10

holdover tenants: possession by tenant wrongfully holding over. 1) can sue in trespass to evict and recover damages, 2) impose new periodic tenancy

Question 11

Duties of tenant:

Answer 11

Pay rent, maintain premises (only as to waste, unless covenant to repair must do ordinary wear and tear but NOT rebuild whole structure)

Question 12

Duties of landlord:

Answer 12

Implied warranty of habitability, Implied covenant of quiet enjoyment (not to interfere with tenant’s quiet enjoyment of leased premises).

Question 13

Breach and remedy for breach of implied covenant of quiet enjoyment

Answer 13

Total eviction, Partial eviction (excluded from one portion of property) can stop paying rent entirely. If partial eviction is because some third party (NOT landlord) evicts tenant out of a portion of land, must pay rent of portion you’re still on; Constructive eviction

Question 14

Establishing constructive eviction:

Answer 14

1) failure of landlord to provide some service, 2) substantially interfering with quiet enjoyment 3) tenant must give Landlord notice, time to repair 4) must abandon within reasonable time

Question 15

Condemnation of leasehold interest definition:

1) consequence of partial condemnation
2) full taking what are consequence?

Answer 15

When state takes property through eminent domain

1) must pay rent for even that portion taken, but receive part of condemnation award.
2) No more rent, only take from the condemnation award the amount that the fair rental value exceeds the amount of rent due under the lease.

Question 16

Joint tenants: what if a creditor puts a lien on one of the two joint tenants’ interest, and THEN that joint tenant dies? what happens to the estate?

Answer 16

The other joint creditor takes it through right of survivorship FREE of the lien.