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Class Notes

The document summarizes key concepts around forms of concurrent ownership including tenancy in common, joint tenancy, and tenancy by the entirety. It provides examples of how the different types of concurrent interests would be affected by events like one owner conveying their interest to a third party or dying. For instance, if two joint tenants take title and one later conveys their interest, it severs the joint tenancy and creates a tenancy in common between the owners.

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55 views2 pages

Class Notes

The document summarizes key concepts around forms of concurrent ownership including tenancy in common, joint tenancy, and tenancy by the entirety. It provides examples of how the different types of concurrent interests would be affected by events like one owner conveying their interest to a third party or dying. For instance, if two joint tenants take title and one later conveys their interest, it severs the joint tenancy and creates a tenancy in common between the owners.

Uploaded by

tomog7
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Class Notes 2012.02.

23
Thursday, February 23, 2012 6:42 PM

Chapter 5 Forms of concurrent interest Tenancy in Common Divided separate shares of undivided land A+B -No right of survivorship

-Have right to possess every inch of property -Can leave your share of property to whomever you want. Joint Tenancy Undivided share of undivided whole Right to possess every part of property A+B+C (Joint Ten) Unities Needed 1. Time 2. Title 3. Interest 4. Possession Tenancy in the Entirety 5. Unity of marriage added to the other four. -Insulates debts of one to property of other. H+W Hold the same estate at the same time Fee Simple Absolute Page 322 problem 1. O conveys Blackacre "to A, B, and C as joint tenants" Subsequently A conveys his interest to D. Then B dies intestate leaving H as his heir: What is the state of the title? What if B had died leaving a will devising his interest to H. D(Becomes tenant in common with B and C 1 OA,B,C (JT) B and C remain Joint tenants 2 D (TC) BC (JT)
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A dies his share disappears can convey interest to someone during his life time(Destroys a required unity and becomes Tenancy in Common.)

B and C remain Joint tenants 2 D (TC) TC 3 D (1/3) C (2/3) B Dies Tenants in common BC (JT)

3. T devises Blackacre "to A and B as joint tenants for their joint lives, remainder to the survivor" What interest are created by the devise? How does a joint tenancy in fee simple differ? TA,B Contingent Remainder for A or B (whoever survives). Life Estate Tenants in Common Joint Tenancy could defeat survivorship by selling his interest and creating a tenancy in common. 4. A and B are planning to be married. Two weeks before the ceremony they buy a house and take title "in A and B as tenants by the entirety." Several years after the marriage A moves out of the house and conveys his interest in the house to his brother C. C brings and action to partition the property. What result? Since they were not married it is actually a joint tenancy. Estate of Shelton stated that although they were not married at the time the default should go to a joint tenancy with right of survivorship.

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