Untitled Deck Flashcards
What is the main purpose of the Uniform Partition of Heirs Property Act in Georgia?
The main purpose of the Act is to avoid sales of family property over objection of family members.
To what type of property does the Uniform Partition of Heirs Property Act apply?
The Act applies to property owned by heirs as tenants in common when there is no agreement governing partition of the property.
What are the legally preferred remedies for partitioning heirs’ property under the Act?
The remedies are: (1) purchase of the tenancy in common interest by co-tenants who did not petition for a forced sale; (2) partition in kind of the property; (3) a market sale of the property.
What is the duty of fair dealing among co-tenants in Georgia?
A confidential relationship exists among co-tenants; one co-tenant’s acquisition of an outstanding title or lien is deemed to be on behalf of other co-tenants.
When may the duty of fair dealing not apply among co-tenants in Georgia?
The duty may not apply where co-tenants’ interests accrue at different times by different instruments, indicating no good reason to recognize mutual fiduciary duties.
What is a leasehold?
A leasehold is an estate in land, under which the tenant has a present possessory interest and the landlord has a future interest (reversion).
What does a lease for less than five years convey in Georgia?
It conveys only a usufruct unless the lease provides otherwise.
What is a usufruct?
A usufruct is a contractual privilege or license to use another’s property rather than an estate in land and is not subject to taxation and sale.
How is a tenancy for years defined in Georgia?
An estate for years is created by the express intent of the parties or a lease of at least five years.
What presumption exists regarding lease terms of at least five years in Georgia?
There is a presumption that a lease term for at least five years creates an estate, but this may be overcome if the parties intended only a usufruct.
How is a tenancy at will created in Georgia?
A tenancy at will must be created by an express agreement; if no time is specified for termination, it is construed as a tenancy at will.
How can a tenancy at will be terminated in Georgia?
To terminate a tenancy at will, the landlord must give 60 days’ notice, while the tenant need give only 30 days’ notice.
