CONCURRENT

Question 1

TENANCY IN COMMON

Answer 1

no right of survivorship here. this is the defaultis a right of survivorship is not expressed.

Question 2

JOINT TENANT

Answer 2

If there is an expressed righ of survivorship here, we are in a sweet spot where Bobby would get to keep Amy’s 50% and have 100% interest.

Question 3

Joint tenancy is only created when 4 unities of interest are met

Answer 3

Possession
Interest- all joint tenant must ahve tehe same interest in. the estate, equal in size, and duration.
Title- all joint tenants must aquire title by the same instrument
Time- all joint tenants must azquire their interests at the same time (same day)

Question 4

tenancy by the entirety

Answer 4

for the married peeps.
each tenant here has an undivided right to use and possess the whole property and a right of survivorship.
- so we need 4 unities (PITT) + marriage.

Question 5

Joint Tenant- Severance

Answer 5

awww this is ewhen we will no longer be subject to right of survivorship because any of the PITT was destroyed.

Question 6

What is an example of severance ?

Answer 6

1. a jt conveys her share to someone else by sale ot gift (even to another JT)
2. If a JT mortgages her interest.

Question 7

Partition

DRIVE AROUND LIKE A PARTITION PLEASEEEEEE

Answer 7

Some or all of the tenants decide that they do not want to co-own the property anymore

• the court will have to decide how to divide the equity fairly. this will either be by:

1. partition in kind: physical division
2. Partition in sale: sale and division of proceeds.

Question 8

Partition in kind

Answer 8

a. there is always a presumption of patron in kind- splitting the property fairly according to the proportion of interest
BUT THIS IS DIFFICULT in practice because it fragments property rights.

b. each cotenant will get one parcel that she gets separately from the rest. the value should correspond to the equity share.

c. this is preferred, but just difficult in practice.

Question 9

Partition in sale

Answer 9

THE PARTY HAS TO PROVE:

i. property cannot be conveniently partitioned in kind.
ii. interests of parties will be promoted by the sale.
iii. interests of other parties will not be prejudiced by the sale.
- prejudice meaning anything that would get in the way of cotenents getting their fair share.

Question 10

Rights and Duties of Cotenants

Answer 10

1. Owner who has paid less than his pro-rate share of operating and maintenance expenses must account to co-owner (even if the former has been out of possession).
2. A tenant who chooses not to occupy the property DOES NOT give him the right to impose an occupancy charge on the other
   a. Cant just charge your cotenant for living on the property
3. Tenant who has been in sole possession and seeks contribution of operating and maintenance expenses must allow a corresponding credit for the value of his sole occupancy.
   a. This is basically saying that the cotenant in sole possession will NOT recover operating and maintenance costs unless these exceed the fair rental value.