Concurrent Estates, Rights and Obligations of Concurrent Owners

Question 1

Define concurrent estates

Answer 1

Ownership or possession of real property by two or more persons at the same time

O conveys, “to A and B and their heirs”

Question 2

True or false: Concurrent owners each have a right to use or possess the entire property

Answer 2

True

Question 3

True or false: Concurrent owners cannot contract out of the rule that concurrent owners each have the right and use and or possess the entire property

Answer 3

False. They can.

Question 4

A tenancy in common is the ____ concurrent interest

Answer 4

Default. Any conveyance to more than one person without additional language is presumed to be a TIC

Question 5

Concurrent owners have ____ but ___ interests in the property

Answer 5

Separate, undivided

Question 6

True or false: TIC has right of survivorship

Answer 6

False.

Each co-tenant can transfer the property freely at death as well as during life

Question 7

Define joint tenancy

Answer 7

Tenancy in common with a right of survivorship. Surviving joint tenant automatically takes the deceased tenant’s interest

Question 8

How is joint tenancy created?

Answer 8

1. Grantor must make clear expression of intent AND
2. Must be survivorship language, “as joint tenants with right of survivorship”

Question 9

The four unities of joint tenancy are Possession, Interest, Time and ____ ?

Answer 9

Title (PITT)

Possession: each joint tenant has equal right to possess the whole of the property

Interest: Joint tenants must have a an equal share of the same type of interest

Time: Joint tenants must receive their interest at the same time

Title: Joint tenants must receive their interest in the same instrument of title

Question 10

True or false: If all PITT unities are not met, the ownership defaults to tenancy in common

Answer 10

True. AND, if one unity is lost, the joint tenancy is severed.

Question 11

What are common situations when the joint tenancy is severed and converts to tenancy in common

Answer 11

1. Inter vivos transfer – destroys right of survivorship

Question 12

A, B, and C own Blackacre as joint tenants. A transfers her shares to D. What % of share and what type of concurrent interest does each party have?

Answer 12

A = nothing
B = 1/3 interest as joint tenant
C = 1/3 interest as joint tenant
D = 1/3 interest as tenancy in common

Conveyance by one of more than two joint tenants does not destroy the joint tenancy of the remaining joint tenants

Question 13

True or false: Any lien against a joint tenant’s interest survives the tenant’s death, so the surviving tenants interests are affected

Answer 13

False. The lien terminates so the surviving tenants’ interests are not encumbered

Question 14

Re: mortgages and severing a joint tenancy, the majority rule follows a _____ theory and the minority rule is the ____ theory

Answer 14

Majority = lien theory, mortgage is treated as a lien and does not destroy JT

Minority = title theory, mortgage severs title and tenancy between JTs and the creditor is converted into TIC

Question 15

If a joint tenant leases her share in the property to a tenant. Does this sever a joint tenancy?

Answer 15

It depends.

Some say that it severs the JT. Others say it’s a temporary suspension of JT.

Question 16

Define tenancy by the entirety

Answer 16

Joint tenancy b/t spouses with ROS.

Marriage is the fifth unity

Question 17

True or false: tenants by the entirety cannot alienate or encumber their shares without the consent of their spouse

Answer 17

True

Question 18

If a grant of tenants by the entirety is ambiguous, what happens?

Answer 18

Ambiguous = does not include the words, “as tenants by the entirety with right of survivorship”

Treated as JT or TIC

Question 19

What is the exception to the rule that each co-tenant has the right to possess all of the property, regardless of the co-tenant’s share and type of co-tenancy.

Answer 19

If the co-tenants have entered into an agreement to the contrary

Question 20

True or false: A co-tenant in possession of property owes the other co-tenant(s) a duty to pay rent

Answer 20

False. A co-tenant in possession is not required to pay rent to co-tenants out of possession

Question 21

____ is when a co-tenant in possession denies another co-tenant access after the co-tenant has requested access

Answer 21

Ouster (ex: changing the locks, throwing out co-tenant’s stuff)

Note that the non-possessing co-tenant must ask for access

Question 22

Name the remedies for ousted tenants

Answer 22

1. Injunction granting access to property
2. Recover damages for the value of the use while co-tenant was unable to access property

Question 23

Rent received from a third party’s possession of the property, minus operating expenses are divided based on _________ of each tenant

Answer 23

Ownership interests.

The same goes for operating expenses b/t concurrent owners

Question 24

True or false: A co-tenant can collect contribution expenses from other co-tenants for payments in excess of her share of the operating expenses

Answer 24

True, use a contribution claim to pay you back

Question 25

True or false: there is a right to reimbursement from co-tenants for necessary repairs or improvements

Answer 25

False, BUT the co-tenant who makes the repairs/improvements can get credit in a partition action

Question 26

A partition action is available to which concurrent estates?

Answer 26

1. Joint Tenants
2. Tenants in Common

Unilateral right to either (anyone can engage at any time)

Question 27

What is the legal effect of a partition?

Answer 27

Court will divide the property into distinct portions

Question 28

Courts have a preference for ________ division

Answer 28

Physical, unless

1. not practical
2. not fair

Then a partition by sale is more appropriate

Question 29

Proceeds from a partition by sale are divided among co-tenants based on….?

Answer 29

Their ownership interests

Question 30

True or false: Co-tenants can agree not to partition

Answer 30

True, as long as

1. The agreement is clear and
2. time limitation is reasonable