Essays Assorted Flashcards
What are a Co-Tenant’s rights with respect to RENTS from Third Parties?
A co-tenant out of possession has a right to share rents from third parties.
What is “Ouster”?
another co-tenant claims right to exclusive possession.
What rights does a co-tenant in possession have?
- Has Right to retain profits from her own use of property
a. BUT must share rents from third parties
b. BUT must share profits from exploitations of the land (e.g. mining)
- May mortgage her interest in the property
- Has Right to Judicial Partition, either:
partition in kind, or sale and division of proceeds.
May a Joint Tenant or T/C encumber her interest with a mortgage?
Yes. But she may not encumber the interests of other co-tenants.
What effect will a mortgage or lien have on a Joint Tenancy?
It won’t sever the JT… though a foreclosure sale will.
What are a co-tenant’s obligations for repairs?
Contribution. Must pay pro-rata share…
If another co-T has assumed more than fair share of repairs’ cost, she may recover CONTRIBUTION from co-T’s, provided she notified other co-T’s of need for repairs.
What is the right of a co-T to Contribution for improvements from other co-T’s?
None.
What is the right of a co-T to Contribution for TAXES and MORTGAGE payments from other co-T’s?
Can demand contribution.
If in sole possession, limited to extent that expenditures exceed the rental value of her use.
What are the DUTIES of one co-T to another?
Duty of Fair Dealing.
May a co-T adversely possess against other co-T’s?
It is generally difficult to do so.
Under the Riparian Doctrine, what type of use may Riparians make?
Owner may make REASONABLE USE of the Watercourses and Percolating Water that border/run through her land.
– Enjoinable if use results in substantial diminution of Quantity, Quality or Velocity.
– Natural uses prevail over artificial use.
Under the Prior Appropriation Doctrine, what type of use may Riparians make?
Water rights are secured by ACTUAL USE.
First to make “BENEFICIAL USE” has the right.
– “Beneficial” includes both natural and artificial.
What is the rule for Groundwater (Percolating)?
Surface owner entitled to REASONABLE USE.
– must not be WASTEFUL, however.
What is the rule for Surface Water?
Surface water is a nemesis – an evil to be eradicated. Landowners may may changes / improvements to combat its flow.
–Many cts have modified this to prohibit:
Unnecessary harm to others’ land.
