Tenancy in Common Flashcards
Definition of TIC?
Two or more own w/ no ROS
In a TIC, each co-tenant possess what right?
Right to possess the whole.
Each interest in a TIC is _____, _____, and ______.
Devisable, descendable, and alienable.
There are/aren’t survivorship rights between TICs.
Aren’t
Greg and Marcia own Blackacre as TICs. Greg contributed 90% of the purchase price and Marcia 10%.
Greg takes a can of white paint and divides up the premises into his 90% and Marcia’s 10%. He tells her she can use and enjoy only the 10%. Permissible? Explain.
No
Each co-tenant is entitled to possess the whole.
Greg and Marcia own Blackacre as TICs. Greg contributed 90% of the purchase price and Marcia 10%.
Greg takes a can of white paint and divides up the premises into his 90% and Marcia’s 10%. He tells her she can use and enjoy only the 10%.
What wrong has Greg committed by preventing Marcia from using his supposed 90%?
Wrongful ouster.
Greg and Marcia own Blackacre as TICs. Greg contributed 90% of the purchase price and Marcia 10%.
Marcia leaves BA voluntarily and takes a 3 month vacation. On her return, she demands rent from Greg for the 3 months in which she was gone and he enjoyed exclusive possession. Permissible? Explain.
No.
Absent ouster, a co-tenant in exclusive possession is not liable to the other for rent.
Greg and Marcia own Blackacre as TICs. Greg contributed 90% of the purchase price and Marcia 10%.
Greg leases BA’s basement to Alice, a tenant. Is Marcia entitled to a portion of the rental income? If no, why not? If yes, how much.
Yes. Marcia gets 10%.
Greg and Marcia own Blackacre as TICs. Greg contributed 90% of the purchase price and Marcia 10%.
Marcia visits the Grand Canyon, loves it, and decides to stay for the next 20 years. Can Greg acquire title to the whole through adverse possession? Explain.
No
Unless he has ousted the other co-tenant, one co-tenant in exclusive possession for the statutory AP period CANNOT acquire title to the exclusion of others.
Greg and Marcia own Blackacre as TICs. Greg contributed 90% of the purchase price and Marcia 10%.
What are each tenant’s respective responsibilities with respect to BA carrying costs?
Each co-tenant is responsible for his fair share of costs (e.g., taxes, mortgage interest payments) based upon an undivided share.
Greg and Marcia own Blackacre as TICs. Greg contributed 90% of the purchase price and Marcia 10%.
A football breaks the window. Marcia repairs. She now seeks contribution form Greg. Will she prevail? Explain.
Yes
The repairing co-tenant enjoys a right of contribution for reasonable and necessary repairs PROVIDED that she has told the other of the need for repair.
Greg and Marcia own Blackacre as TICs. Greg contributed 90% of the purchase price and Marcia 10%.
A football breaks the window. Marcia repairs. She now seeks contribution form Greg. How much must Greg contribute?
90%
Greg and Marcia own Blackacre as TICs. Greg contributed 90% of the purchase price and Marcia 10%.
Marcia has wallpapered BA’s den with life-size posters of Davy Jones. She now seeks contribution from Greg, for his fair share of the costs of the “improvements.” Will she succeed? Explain.
No
During the life of the co-tenancy, there is NO right to contribution for “improvements.”
Greg and Marcia own Blackacre as TICs. Greg contributed 90% of the purchase price and Marcia 10%.
Marcia has wallpapered BA’s den with life-size posters of Davy Jones. She now seeks contribution from Greg, for his fair share of the costs of the “improvements.” Greg, rightfully, says no.
The two sell several years later for a $50k gain. $10k of the gain is attributable (somehow) to the posters. Is Marcia entitled to a credit for the increased value? If no, why? If yes, how much?
Yes. $10k.
Greg and Marcia own Blackacre as TICs. Greg contributed 90% of the purchase price and Marcia 10%.
Marcia has wallpapered BA’s den with life-size posters of Davy Jones. She now seeks contribution from Greg, for his fair share of the costs of the “improvements.” Greg, rightfully, says no.
The two sell a few years later at a $30k loss. $10k is attributable to the posters being there. Does Marcia bear liability for the loss? If so, how much?
Yes.
$10k
