Concurrent Interests

Question 1

Tenancy in common

Answer 1

Property owned by 2 or more persons both with current 100% rights of possession and use of enjoyment.
does not need to be equal owners.
each portion is devisable and inheritable.
no right of survivorship.
presumed by the courts.

Question 2

Joint tenancy

Answer 2

Must share 4 unities
1. Time: acquired interest at the same time.
2. Title: acquired interest through the same deed.
3. Interest: equal shares.
4. Possession: each has right to possession of the whole.
must specifically mention a joint tenancy.

Question 3

Severance of joint tenancy

Answer 3

Can be severed by party transferring while he is alive.

This destroys the right if survivorship and all become tenants in common.

Question 3

Action for ouster

Answer 3

Can be brought by the tenant who is denied possession to recover possession or rent.

Question 4

Tenancy by entirety

Answer 4

Has 4 unities, but adds unity of marriage.
can be severed by either party.
in 20 states that recognize it, it is presumed.
divorce converts it to tenants in common.

Question 6

Rent

Answer 6

Tenants do not pay each other, but if TP pays, it is shared by all.

Question 6

Repairs and improvements

Answer 6

Costs are not shared between tenants, but court may take it into account for partition or accounting actions.

Question 7

Profits

Answer 7

Derived by sale of minerals or gas. Shared by all.

Question 9

Partition in kind

Answer 9

Physically dividing the property. If can’t be divided equally, might owe owelty: money to make the division equal.

Question 10

Partition by sale

Answer 10

Divide the profits.

Allow credits to tenants who are owed $ by other tenants.

Question 11

Elective share

Answer 11

Division of martial property where surviving spouse can decide to take as if there is no will when the will leaves less than he would otherwise be entitled to.
only applies to non probated property.

Question 12

Adverse possession

Answer 12

When the SOL to oust the tenant expires, the tenant gains possession.

Question 13

Elements of adverse possession

Answer 13

1. Actual entry- SOL begins when tenant actually enters the land.
2. Adversity- cannot be with landlords consent or be a co-owner.
3. Claim of right- tenant acts as if is his, even if he knows it is not.
4. Exclusivity- ownership not public but does exclude the owner.
5. Open and notorious- clear to owner that the land is being occupied.
6. Continuous- consistent with the use of the land.

Question 14

Taking

Answer 14

Can add time from previous adverse possessor to this one to meet the statute for adverse possession.

Question 15

Color of title

Answer 15

Way to acquire title when the title is defective.

Question 16

Tolling of adverse possession statute

Answer 16

The SOL does not begin if landlord was disabled at time of entry, but does not till if becomes disabled after entry.