Concurrent Interests Flashcards
Joint tenancies and tenancies in common
Husband/father dies, devising life estate to wife for 2 lots – fee simple remainder interest in one of the lots to his son upon wife’s death – also made provision for remainder interest in second lot for his daughters jointly; “should they decide to sell property each is to have an equal share” – what form of concurrent interests passed to the daughters? – joint tenants or tenants in common? – McEwen v Ewers & Ferguson 558
Four Unities
Two people apply to register their land as joint tenants, one party with undivided 71/100 interest and the other an undivided 29/100 interest – Re Speck 656
Severance by mutual agreement
Negotiations between husband, wife did not effect a severance of their joint tenancy – Morgan v Davis 569
“course of conduct” / steps taken by joint tenants suggesting intention to sever
Husband and wife separate – negotiated separation agreement – husband dies before agreement signed – property still registered as joint tenancy – wife claims right of survivorship because still married at time of husband’s death – husband made new will before death leaving his estate entirely to his daughters – Hansen Estate v Hansen 569
Actions by a joint tenant & intention with respect to mutual agreement
Mom transfers property interest to herself, her son & daughter in law – son, daughter in law separate – separation agreement: son will convey his interest in property to daughter in law upon his mom’s death – mom dies, son’s brother is beneficiary under her will, says son’s conveyance of his interest in property to another joint tenant = severance of entire joint tenancy – Jansen v Niels Estate 569
Joint tenancies – parents & children
Parent, adult child hold title as joint tenants – was this for estate planning purposes (taking advantage of right of survivorship) or was it a convenient means for adult child to manage the assets of parents? – Pecore v Pecore 573
Rights and obligations of co-owners
Husband, wife tenants in common – wife has 90% interest, husband 10% - wife dies without a will – husband stays in the home, pays taxes, mortgage for several years but never pays occupation rent – Fray v Evans 574
Termination of concurrent interests: partition and sale
Parties own an island – island not big enough for 2 families to use, enjoy it in separate cottages – island was unique, no alternative – trial court suggests partition in half – Cook v Johnson 575
Entitlement to partition for sale
Older couple lives with adult daughter and her children – couple owned 99% interest, daughter 1% - parents pay mortgage, condo fees, property tax / daughter pays utilities, additional expenses – parents bring partition to sale, want to move because the stairs hard on them physically – daughter opposes this, wants her kids to remain here – Katal v Khurshid 577
Partition, sale between co-owners who are spouses
Husband wife joint tenants – wife secretly severs joint tenancy, leaves her half to her brother in will – wife dies, brother brings action for partition, sale – is court mandated to order partition, sale upon the request of one joint tenant? – Knowlton v Bartlett 577
Partition, sale in commercial context
All residents owned share of apartment building as tenants in common – tenant in common co-owner Garfella tries compelling sale of 23 units held by fellow tenants in common – when can application to partition be refused? – Garfella Apartments v Chouduri 578
