Pg 18

Question 1

What is ouster in relation to concurrent estates?

Answer 1

When a cotenant in possession refuses to let another one share possession after the other has made a demand for it

Question 2

If an ousted cotenant brings a demand for ejectment, what is that?

Answer 2

The right to joint possession with the defendant and an accounting of profits representing the reasonable value of the use/occupation. If the ousted cotenant doesn’t bring this, he might lose title to the property through adverse possession

Question 3

Is it possible for there to be an adverse holding or ouster by one cotenant that is secretive?

Answer 3

No, this has to be manifested and communicated to the other in order for it to occur

Question 4

Possession of a tenancy in common is presumed to be possession of all tenants until what?

Answer 4

Until one in possession communicates to the others that he claims an exclusive right to title

Question 5

Is it possible for one cotenant to gain possession of the entire property through adverse possession?

Answer 5

It’s difficult because you need physical, mental, and the time component for adverse possession. So it is hard for one cotenant to adversely possess against another. This can only happen if an ouster has occurred. If one cotenant starts using the whole property and another one chooses not to, even if it is for a long time, that is not adverse possession. You must affirmatively oust the other cotenants in order to go into adverse possession

Question 6

Is one tenant liable to the other cotenants for rent or for occupying the common property if he used it and derived income from it?

Answer 6

No, so long as his use did not interfere with the cotenant’s right to also occupy, use, and enjoy the land.

Question 7

What is required for exclusive use in relation to concurrent estates?

Answer 7

This requires an act of exclusion or use that prevents another cotenant from exercising his rights in the property. If a cotenant makes a clear demand to use the land in the exclusive possession of another cotenant and is refused, he has a claim for relief

Question 8

If one cotenant to a concurrent estate makes a lease of his portion to a third-party and the other cotenants had no knowledge of it, is that binding on the other cotenants?

Answer 8

No, so they have equal rights of co-possession with the leaseholder.

Question 9

What are the rights of cotenants?

Answer 9

– Right of possession

– right to share profits generated from the use of the land

Question 10

What are the duties of cotenants?

Answer 10

– to pay taxes and mortgages
– to make repairs
– to make improvements

Question 11

What are the rights of cotenants to share in the profits that are generated from the use of the land?

Answer 11

This depends on how the profits are generated:
– if it comes from the individual efforts of one cotenant
– or from the access of a third person like rent

Question 12

What is the right to share in the profits that are generated from the use of land if it comes from the individual efforts of one cotenant?

Answer 12

The cotenant that made those efforts can keep the profits for himself. There’s no obligation to share unless an Oster has happened

Question 13

If A and B own property and A uses the land to farm, but B chooses not to, and A gets money from his crop that is generated by his own efforts, does he have to share?

Answer 13

No unless B was ousted from the property. If that is the case then A must share his profits

Question 14

What is the right of cotenants to share in the profits generated from the use of land if the profits come from the access of a third person to the land such as that person renting the land?

Answer 14

If A and B are cotenants and rent to C, they must share the rent equally

Question 15

What are the duties of cotenants in relation to taxes and mortgages?

Answer 15

Each cotenant must pay his proportionate share of these

Question 16

If a owns 25% of the land as a cotenant, what percent is he obligated to pay for taxes?

Answer 16

25%

Question 17

If one cotenant is in primary possession of the land, what is the obligation regarding taxes and mortgages?

Answer 17

That cotenant is initially obligated to pay the taxes and mortgage, and then he can get reimbursement from the others. Although sometimes if the person who overpaid is in sole possession, he can’t get contribution if the value of his use exceeds the payment

Question 18

Is it possible for a co-tenant to choose to default on a mortgage payment on the property and then buy the property at a foreclosure sale?

Answer 18

No, he cannot take advantage of his own wrong

Question 19

What are the duties of cotenants regarding repairs?

Answer 19

There is no direct duty for cotenants to make repairs, but if they do, it is at their own expense and they cannot get contribution from the others. If the cost of repair can be offset against third-party rent, then the party can offset that cost against the rent before any distribution of rent money happens.

Question 20

If a co-tenant pays more than his pro rata share for repairs, what rights does he have?

Answer 20

He has an equitable right to compel the others to contribute proportionately as long as he notified the others of the need for repairs

Question 21

If a cotenant is in sole possession of land, and he makes necessary repairs on the property, what is the condition for him being entitled to contribution from the others?

Answer 21

He would’ve had to have notified the others of the need for repairs before doing them and gotten the others’ agreement

Question 22

On partition of land, a cotenant that has expended funds will get what?

Answer 22

Credited with those expenditures

Question 23

If other cotenants stand by and allow another cotenant to proceed with repairs or improvements, could they be required to contribute?

Answer 23

Yes, if the other acted in good faith and with a bona fide belief he was the sole owner or if the repairs were essential

Question 24

What are the duties of cotenants regarding improvements to land?

Answer 24

There is no duty to improve jointly owned property, but if one cotenant chooses to do this, it is at his own expense. Although if the property is later sold and the sale is greater than it would’ve been without the improvement, the additional money that came in because of the improvement goes completely to the cotenant that did it.

Question 25

If land has a house that is worth $200,000 on it and the land is jointly owned, and A put a new roof on the house and when they sell it, it sells for $220,000 because of the roof, who gets what?

Answer 25

The extra $20,000 goes directly to A, and the rest is split evenly between the two.

Question 26

What are possible remedies of cotenants for ouster?

Answer 26

• Ejectment coupled with mesne profits

Question 27

What is the statute of Anne?

Answer 27

It’s a common law rule that says that a co-tenant must account for any rent or profits from the property in excess of his just proportion. Cotenants that get income from nontortious use of the land that permanently reduces its value are required to account to others

Question 28

Are cotenants subject to fiduciary duties?

Answer 28

Yes. This means an individual cotenant that gets an outstanding superior title to property must hold it for the benefit of the other cotenants as long as they offer to contribute their pro rata share of the cost of acquisition within a reasonable time. Although this is not true if the superior title was gotten before the concurrent state was created or after it ceased to exist

Question 29

What is merger in relation to concurrent estates?

Answer 29

Any concurrent estate will be terminated and converted into an estate in severalty if all of the undivided interests are united in one person. Then they merge to form a single estate in severalty.

Question 30

What are the different ways that cotenants can partition their land?

Answer 30

Voluntarily or by court action

Question 31

How do cotenants voluntarily partition their land?

Answer 31

They exchange deeds among each other to divide the land into separate parcels

Question 32

How do cotenants partition their land by court action?

Answer 32

If the cotenants cannot agree on the partition, any of them can bring an action for partition that is usually granted unless they agreed ahead of time against it. The court then determines the share of each cotenant and makes a physical division or order to sell the property and divide the proceeds. Courts prefer physical division, but sale and division procedures are used whenever a fair or equitable division of the property is not possible