Random Co-Tenant crap

Question 1

Define: Simultaneous death rule

Answer 1

1/2 and 1/2 approach. If both co-tenants die at the same time (or it if impossible to determine who died first) one half goes to A, half goes to B. This allows everyone to get something and not have a very gruesome showing in the courtroom to prove who died first.

Question 2

Define: Impermissible Strategic Behavior

Answer 2

Something that you’re legally allowed to do, but you should not do it because it is too sneaky and shows bad faith.

Question 3

Define: Ouster between Co-Tenants

Answer 3

Not a claim of absolute ownership, it only requires that one co-tenant refuses to allow the other co-tenant(s) entry to the land. To be denied, the other co-tenant must first ask for entry and be denied.
ie. the locks were changed and the ouster does not give the keys to the others.

Question 4

Define: Ouster between adverse possessors

Answer 4

2 people attempting to adverse possess the same area. One must be super hostile to the other to show that they want them gone.

Question 5

Do co-tenants need to pay contributions to each other?

Answer 5

Yes, in the form of taxes, necessary repairs, insurance, etc.

Question 6

What occurs when co-tenants have someone on the property renting it?

Answer 6

The co-tenants must split the rent.

Question 7

Do co-tenants share a fiduciary duty to each other?

Answer 7

As a general rule: NO!! But there are exceptions:

1) A familial relationship of trust and confidence
2) To protect the title of the land.