Real Property #5 Flashcards

1
Q

The two basic forms of ownership are called

A

Sole ownership and Concurrent Ownership

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2
Q

Ownership by one person is called

A

Estate in severalty

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3
Q

In Concurrent ownership, the co owners hold a title to

A

an undivided interest in the property.
undivided interest refers to the interest in property owned by tenants whereby each tenant has an equal right to enjoy the entire property.

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4
Q

A joint tenancy can be held by

A

2 or more people

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5
Q

The feature of concurrent ownership which provides that when any owner dies, his interest automatically goes to the remaining c-oner is called

A

Survivorship

IT IS NOT INHERITABLE IT’S ABSORBED…

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6
Q

The form of concurrent ownership which requires the four unities of possession, interest,time and title is
PITT

A

Joint Tenancy

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7
Q

The ‘unity’ which requires that concurrent tenants must hold an undivided interest in the property owned is called the unity of

A

POSSESSION

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8
Q

THE “UNITY” which requires that concurrent tenants must have equal degrees of ownership is called the unity of

A

Interest

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9
Q

The “Unity” which requires that concurrent tenants must acquire their interest at the SAME TIME is called the unity of

A

Time

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10
Q

The “Unity” which requires that concurrent tenants must acquire their interest in the ‘same way” in the form of a single title is called the unity of

A

Title

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11
Q

Which form of concurrent ownership requires that the title be acquired by all tenants at the same time

A

Joint Tenancy

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12
Q

PITTS: 5 MAJOR CHARACTERISTICS OF JOINT TENANCY:

A
P: POSSESSION
I : INTEREST
T: TIME
T: TITLE
S: SURVIVORSHIP
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13
Q

CAN A JOINT TENANT SEE HIS INTEREST IN THE PROPERTY WITHOUT THE PERMISSION OF THE OTHER OWNERS?

A

YES!!!

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14
Q

CAN CORPORATIONS HOLD CONCURRENT INTEREST IN PROPERTY AS JOINT TENANTS?

A

NO!!!

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15
Q

The forms of concurrent ownership that carry the right of survivorship is

A

Joint Tenancy

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16
Q

The only ‘unity’ required by tenancy in common is the right of

A

POSSESSION

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17
Q

IN A tenancy in common, the tenants shares of ownership can be

A

equal or unequal

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18
Q

In which form of concurrent ownership do the tenants hold SEPARATE title to an undivided interest?

A

TENANCY IN COMMON

19
Q

In which form of concurrent ownership do the tenants hold the SAME title to an undivided interest?

A

Joint Tenancy

20
Q

In which form of concurrent ownership are interests INHERITABLE?

A

Tenancy in Common

21
Q

THE FORMS of concurrent ownership that allows any co owner to sell his share WITHOUT the consent of the other co owners are

A

Joint Tenancy
AND
Tenancy in Common

22
Q

If a specific form of concurrent ownership is not specified , it is presumed to be a

A

Tenancy in Common

23
Q

The form of concurrent ownership based on the concept that each spouse has an equal interest In “property” acquired during the marriage is called

A

COMMUNITY OF MARRIAGE

24
Q

THE FORM OF CONCURRENT OWNERSHIP LIMITED TO SPOUSES IS

A

TENANCY BY THE ENTIRETY

25
In tenancy by the entirety, thos who may hold property together are
husband and wife only!
26
Tenancy by the entirety requires all 4 unities o joint tenancy Plus...
unity of person
27
Concurrent ownership can be separated by the process known as
Partition
28
"Partition in Kind" refers to separating concurrent ownership by
subdividing the property
29
When "partition in kind" is not possible, concurrently held property may be partitioned by
Selling the property
30
Partition in concurrent ownership can occur by
COURT ORDER AND/OR MUTUAL AGREEMENT
31
TWO TYPES of concurrent ownership which can be separated by partition include joint tenancy and
Tenancy in Common
32
Two types of concurrent ownership which can be separated by partition included tenancy in common and
Joint Tenancy
33
Corporations may hold title to property
in severalty OR as tenants in Common
34
Corporations may hold concurrent title to property only as
Tenants in Common
35
A corporation may own property alone
In severalty
36
Corporations may own property together
As tenants in common only
37
Survivorship means that one's interest in property owned concurrently is not
Inheritable
38
**The forms of concurrent ownership that allows any co owner to sell his share without the consent of the other co owner isq
Tenancy in common AND joint tenancy
39
** The form of concurrent ownership based on the concept that each spouse has an EQUAL INTEREST IN "PROPERTY" during the marriage is called
COMMUNITY "PROPERTY"
40
**PARTITION of concurrent ownership can occur by a
COURT ORDER OR | MUTUAL AGREEMENT
41
** Corporations may hold title to property in
SEVERALTY OR | AS TENANTS IN COMMON
42
IF corporation owns property alone its
IN SEVERALTY ONLY
43
**Corporations may own property "Together " as
TENANTS IN COMMON ONLY