Ownership/ Co-tenancy

Question 1

When each tenant own an undivided interest in the entire property. and the interest is freely devisable or transferable

Answer 1

Tenants in Common

Question 2

Occurs when one tenant dies and the interest goes to the other joint tenant. Both tenants must have four unities: possession, interest, time and title

Answer 2

Joint Tenancy with ROS

Question 3

What occurs when one joint tenant coneys his interest?

Answer 3

It severs joint tenancy and the transferred interest now be TIC

Question 4

What are the Rights and Obligations of Co-Tenants

Answer 4

1. Possession
2. rent
3. Operating Expense
4. Repairs and Improvements

Question 5

What does it mean for each co-tenant to be in Possession of the land?

Answer 5

It means, each covenant has the right to possess the entire property.

Question 6

What are the “rent” requirements for a co-tenant?

Answer 6

A covenant does not owe rent for his use of the property however, if rent is being received by one tenant from a third party it must be shared

Question 7

Can a Co-tenant be reimbursed for repairs?

Answer 7

No, Co-tenants doesn’t have a right to be reimbursed by other co-tenants for repairs, even if necessary.

Question 8

What is the majority rule for repairs?

Answer 8

Contribution for necessary repairs can be compelled in accounting or partition actions. In some jdx. an action for contribution can be brought if notice was given.