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tenancy Flashcards

1
Q

What is the default tenancy type when there is ambiguity in the grant?

A

Tenancy in common

Courts will find that a tenancy in common was created.

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2
Q

What are the rights of each tenant in common?

A
  • Undivided, fractional interest in the property
  • Freely alienable, devisable, and descendible interest
  • Right to use and possess the whole parcel
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3
Q

What is the definition of joint tenancy?

A

A form of ownership where two or more individuals hold property with the right of survivorship.

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4
Q

What are the 4 unities required for the creation of a joint tenancy?

A
  • Time
  • Title
  • Interest
  • Possession
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5
Q

What must be clear for joint tenancy to be established?

A

Intent to create a joint tenancy

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6
Q

What happens to a joint tenant’s interest upon their death?

A

The remaining joint tenant(s) survive to the deceased’s interest by operation of law.

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7
Q

What occurs if a joint tenant transfers their interest to another person?

A

The joint tenancy is severed.

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8
Q

True or False: A joint tenancy is devisable and descendible.

A

False

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9
Q

What is the outcome if one joint tenant sells their interest to a third party?

A

The remaining joint tenants retain their joint tenancy, but the third party becomes a tenant in common.

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10
Q

What is the TIC default rule?

A

Every interest in real estate granted or devised to two or more persons shall be in tenancy in common unless expressly declared to be a joint tenancy.

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11
Q

What is severance in the context of joint tenancy?

A

Breaking apart a joint tenancy interest, converting it into a tenancy in common.

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12
Q

What effect does a mortgage taken by a joint tenant have on joint tenancy in a title theory jurisdiction?

A

It severs the joint tenancy.

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13
Q

What is the lien theory jurisdiction approach to a mortgage taken by a joint tenant?

A

The mortgage is viewed as a lien and does not sever the joint tenancy.

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14
Q

What is typically presumed about divorcing couples regarding joint tenancies?

A

They do not intend to preserve any right of survivorship.

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15
Q

What is the modern trend regarding the creation of joint tenancies using a straw person?

A

No straw person is required.

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16
Q

What happens if a joint tenant leases their interest in the property?

A

The lease does not sever the joint tenancy.

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17
Q

In the case of Tenhet v. Boswell, what was determined about leases and joint tenancy?

A

A lease does not sever a joint tenancy.

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18
Q

What is the outcome when a joint tenant dies and has leased their interest?

A

The lease expires upon the death of the lessor joint tenant.

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19
Q

Who owns what interest in Blackacre if conveyed to A, B, and C as joint tenants with right of survivorship?

A

A, B, and C each have a 1/3 interest but the right to use and possess the whole.

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20
Q

What happens if C conveys their interest in Blackacre to E?

A

A and B remain joint tenants, E becomes a tenant in common.

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21
Q

What happens when B dies and devises their interest in Blackacre to F?

A

A survives to B’s interest; A and E are tenants in common.

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22
Q

What type of interest do A, B, and C hold in Blackacre?

A

Joint tenants with right of survivorship

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23
Q

Who inherits B’s interest in Blackacre after B’s death?

A

A survives to B’s interest; F has nothing

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24
Q

What interest do A and E have in Blackacre after B’s death?

A

A has a 2/3 interest and E has a 1/3 interest; both are tenants in common

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25
In a lien theory state, what happens to a joint tenancy when one tenant defaults on a mortgage?
The foreclosure severs the joint tenancy, turning tenants into tenants in common
26
What must B demonstrate to compel partition through sale?
1. Property cannot be conveniently partitioned in kind 2. Interests of one or more parties will be promoted by the sale 3. Interests of other parties will not be prejudiced by the sale
27
What happens when Kent conveys his interest in the office building to himself as a tenant in common?
K and R become tenants in common; K can transfer his ½ interest
28
What is a partition in kind?
The physical division of the property into separate parcels
29
What is a partition by sale?
When physical division is impossible, impracticable, or inequitable, a court may order a partition by sale
30
Why is partition in kind favored over partition by sale?
A particular piece of real estate cannot be replaced by any sum of money
31
What is the right of possession among co-tenants?
Each co-tenant has an equal right to possession and enjoyment of the whole property
32
What constitutes ouster in co-tenancy?
A co-tenant in possession refuses to allow another co-tenant to occupy the property
33
What is the remedy for a co-tenant who pays for repairs or improvements?
Not entitled to contribution unless there is a prior agreement
34
What is the difference between operating expenses and repairs/improvements?
Operating expenses are regular costs, while repairs/improvements increase property value
35
What is waste in the context of co-tenancy?
Using common property in an unreasonable manner that causes permanent injury
36
In a partition action, what is K credited for?
The excess costs of reasonable repairs he has borne
37
What is the definition of rents and profits in co-tenancy?
Each co-tenant is entitled to their proportionate share of all rents and profits derived from the land
38
What is an accounting action?
A lawsuit filed by a co-tenant to recover their share of rents and profits
39
What is a contribution action?
A lawsuit filed by a co-tenant to recover their share of operating expenses
40
What concurrent interest do Shane's children have in his residence after his death?
Tenants in common; each child has a 1/3 interest
41
What is the minimum contribution Homer can collect from Ken and Louise for operating expenses?
Each must pay $1,483, totaling $2,966
42
In the case of Homer hiring a painter for repairs, how much can he sue for if the costs are considered operating expenses?
$1,373 from each co-tenant
43
What is the total contribution H can sue for from K and L?
$2966 ## Footnote H can sue for $1483 from each K and L.
44
What are the Operating Expenses incurred by Homer?
$4120 ## Footnote This includes various costs associated with property management.
45
What amount can H sue for from K and L after accounting for non-recoverable repairs?
$2746 ## Footnote H can sue for $1373 from each K and L.
46
How much did Homer pay for lawn care and termite inspections?
$330 ## Footnote This is categorized as Non-recoverable Repairs and Improvements.
47
What was the cost of hiring the painter for the house?
$4500 ## Footnote Homer chose a painter he felt comfortable with.
48
What was the amount Homer paid to advertise the house for rent?
$90 ## Footnote This was part of his operating expenses.
49
What was the monthly rental income from the house?
$1500 ## Footnote Homes similar to his rented for $1800, but he was satisfied with $1500.
50
What total operating expenses did Homer incur after the first month?
$1090 ## Footnote This includes mortgage and rental advertisement costs.
51
What were the non-recoverable repairs and improvements after the first month?
$4500 ## Footnote This includes the cost of painting the house.
52
How much can K and L sue H for an accounting after the first month’s rental?
$274 ## Footnote K and L can sue for $137 each.
53
Is K and L likely to recover in the action against H?
No ## Footnote They owe H money from the prior contribution action.
54
In a partition action, what can H recover for the reasonable value of the painting?
$3600 ## Footnote This reflects the market value of the painting service.
55
What is the ownership structure of Blackacre after Anna's conveyance?
To Anna and Staci, equally ## Footnote This indicates a joint tenancy with no expressed intent otherwise.
56
What happens to Anna's interest in Blackacre after she conveys it to John?
Anna conveys to John ## Footnote This creates a tenancy in common between Staci and John.
57
What is the effect of Anna's death on the ownership of Blackacre?
Nothing to pass on ## Footnote Anna's death does not affect her conveyance to John.
58
How is Blackacre owned after Anna's death?
Owned by Staci by right of survivorship ## Footnote Staci retains her interest, while Anna's interest becomes void.
59
What is the ownership status of Blackacre after Anna's mother inherits?
Owned three-fourths by Staci and one-fourth by Anna’s mother ## Footnote Reflects the distribution of Anna's estate.
60
What are the four unities required to create a joint tenancy?
Unity of Time, Unity of Title, Unity of Interest, Unity of Possession ## Footnote These unities are essential for establishing a joint tenancy with the right of survivorship.
61
Define Unity of Time in the context of joint tenancy.
All joint tenants must acquire their ownership rights simultaneously ## Footnote If one person becomes a joint tenant at a different time, it disrupts the unity.
62
What does Unity of Title mean?
All joint tenants must acquire their ownership interest through the same instrument or document ## Footnote This is typically the same deed or will.
63
Explain Unity of Interest.
Joint tenants must hold equal shares of the property with identical nature and duration of interests ## Footnote For example, if there are two joint tenants, each owns 50%.
64
What is meant by Unity of Possession?
All joint tenants must have equal rights to possess and enjoy the entire property ## Footnote This ensures that all joint tenants can access and use the property.
65
Why are the four unities important for joint tenancy?
They are fundamental to the right of survivorship, allowing automatic transfer of interest upon death ## Footnote Missing any unity typically results in a tenancy in common, which lacks the right of survivorship.
66
Fill in the blank: The four unities are Unity of Time, Unity of Title, Unity of Interest, and _______.
Unity of Possession ## Footnote All four must be present to establish a joint tenancy.
67
True or False: A joint tenant can acquire their interest at different times from other joint tenants.
False ## Footnote This would violate the Unity of Time requirement.
68
What happens to a joint tenant's interest upon their death?
It automatically passes to the surviving joint tenant(s) by operation of law ## Footnote This process occurs without the need for probate due to the right of survivorship.

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