Concurrent Estates

Question 1

Concurrent Estates

Answer 1

Multiple people can own land at the same time
- Each cotenant has an undivided interest
- Cotenants cannot exclude each other
- Interest may be uneven but property right is whole
- Each cotenant can exclude and admit strangers

Question 2

Tenancy in Common (TiC)

Answer 2

• Each cotenant has an undivided share, and can use and sell it
• Income from sale divided based on ownership stake

Question 3

Joint Tenancy (JT)

Answer 3

• Like TiC but atomatic survivorship = upon death interests transfer to fellow cotenancts
• Requires 4 unities:
  1. Time (JT vests at same time)
  2. Same title
  3. Same legal interest (no futute)
  4. Possession

Question 4

Tenancy by the Entirety

Answer 4

Like JT, but adds 5th unity: marriage
- Need spousal permission to transfer
- Modern courts do not create these unless parties want to do so

Question 5

Community Property

Answer 5

• In few states all property acquired during marriage becomes community property
• Each spouse has a right to possess community property, but any transfer or encumbrance (claims/restrictions) requires spousal consent

Question 6

Conflicts b/w cotenants

Answer 6

Exit is the avaliable remedy, not arbitration (cts. will split land). Cotenants can use contracts to work out affairs

Question 7

Partition in Kind

Answer 7

Divide land to cause least upset to parties, according to their share of interest

Question 8

Partition in Sale

Answer 8

Court sells the land and splits the proceeds according to their share of interest
- Disfavored due to force, but easier to administer

Question 9

Ouster

Answer 9

If cotenant is excluding another cotenant unlawfully, they have been ousted OR if cotenants are using land is such a way to necessarily prevent cotenant from exercising rights.
-BUT as noted in Gillmore v. Gillmore court will look for a clear request to use the land

Question 10

Severance

Answer 10

A JT can be severed by either party at any time and turned into a TiC