concurrent tenancies

Question 1

tenancy in common

Answer 1

Characteristics:
o Undivided interest
o Different fractional interests are allowed
o Each is entitled to simultaneous possession and enjoyment of the whole parcel

Question 2

tenancy in common

Answer 2

concurrent tenancy that doesn’t have the right of survivorship

Question 3

tenancy in common transfers

Answer 3

• interests may be given away
• there is no need to get consent of co-owners for transfers

Question 4

joint tenancy four unities

Answer 4

time
title
interest
possession

Question 5

joint tenancy transfers

Answer 5

Severed when one of the joint owners transfers their interest during their lifetime
* Severance only occurs between the selling owner and the remaining owners; it does not change the relations of the remaining owners among themselves

Question 6

joint tenancy & tenancy by the entirety

Answer 6

tenancies with right to survivorship

Question 7

time unity

Answer 7

() → unity acquire title to estate at the same time

Question 8

title unity

Answer 8

() unity → acquire title by the same deed or will, or by joint adverse possession

Question 9

interest unity

Answer 9

() unity→ each interest must be identical (owns the same fractional interest in the same estate)

Question 10

possession unity

Answer 10

() unity → each joint tenant must have an equal right to possession of the entire parcel

Question 11

joint tenancy

Answer 11

characteristics:
o four unities
o Undivided interests
o Equal fractional interests
o Right of survivorship
 Interest cannot be devised or descend by intestate succession (unless severed during lifetime)
o May transfer interest during life without consent but will sever the joint tenancy, becomes tenancy in common
o May encumber the property, generally will not last after death but will last after sale

Question 12

tenancy by the entirety

Answer 12

Characteristics:
o Four unities plus marriage
o Same as joint tenancy
o Right of survivorship strongly protected
 May be partitioned at divorce

Question 13

profits

Answer 13

co-owners are entitled to share any rents or other profits from the property
o The shares are based on the fractional interest in the property of each co-owner

Question 14

burdens

Answer 14

generally have a duty to share basic expenses to keep up the property
o This includes mortgage payments, property taxes, assessments, property insurance, & the basic maintenance and necessary repairs of the premises

Question 15

exclusive possession

Answer 15

Where the co-owner exclusively possesses the premises & the value of her occupancy exceeds the expenses, then the tenant in possession will have the burden of paying all expenses
FORMULA:
(carrying costs – rental value) / no. of tenants = share of tenant out of possession

Question 16

improvements

Answer 16

No duty to pay for improvements but the improving party may claim the amount at the time of sale/partition if it increases the value at the partition or sale
*FORMULA:
Step 1
(amt. of sale from house – amt. of improv. Increases value) / no. of owners = amt. each person received from the sale
Step 2
amt. of sale from house + (amt. that improv. increases value/no. of owners who made the improvement) = amt. each person receives that paid for the improvement

Question 17

carr v deking holding

Answer 17

a co-owner has the right to lease one’s own interest in the common property to another without consent of the other owner and without the co-owner joining the lease
o The lessee takes the place of the co-owner during the leasehold and becomes a tenant-in-common with the remaining co-owner until the end of the leasehold

Question 18

tehnet v boswell holding

Answer 18

a lease entered into by a joint tenant does not sever the joint tenancy
o Partial alienation, such as a lease does not sever any of the four unities
o A lease entered into by a joint tenant expires upon the deatof that tenant due to rights of survivorship

Question 19

sawada v endo holding

Answer 19

Creditors cannot reach property held in Tenancy by the Entirety to satisfy debts of one spouse: even if the property is sold or the debtor spouse survives the non-debtor
The Creditor has no claim on the estate

Question 20

partition in kind

Answer 20

Physical division of the property into separate parcels
* Preferred method

Question 21

partition by sale

Answer 21

Property is sold and the money is divided according to the cotenants respective shares
* Done if physical division of land is impossible, impracticable, or inequitable