Essay Real Property

Question 1

What is an interest that gives the holder the right to present possession?

Answer 1

A present possessory estate

Question 2

What is a fee simple absolute

Answer 2

The largest estate recognized by law. It can be sold, divided, devised, or inherited and has an indefinite or potentially infinite duration. Today, a fee simple is presumed in the absence of express contrary intent

Question 3

What is the name of a fee simple estate (i.e., of uncertain or potentially infinite duration) that can be terminated upon the happening of a stated event?

Answer 3

Defeasible fee

Question 4

What is the fee simple determinable (and possibility of reverter) defeasible fee?

Answer 4

A fee simple determinable terminates upon the happening of a stated event and automatically reverts to the grantor. It is created by durational language, such as “for so long as,” “while,” “during,” or “until.” A fee simple determinable can be conveyed, but the grantee takes subject to the estate’s being terminated by the specified event
Note that statements of motive or purpose do not create a determinable fee. To create a fee simple determinable, words limiting the duration of the estate must be used

Question 5

Whenever a grantor conveys a fee simple determinable, he automatically retains what?–explain it

Answer 5

He automatically retains a possibility of reverter, which is a reversionary future interest. A possibility of reverter is transferable, descendible, and devisable

Question 6

What is a fee simple subject to a condition subsequent (and right of entry)?

Answer 6

A fee simple subject to a condition subsequent is an estate in which the grantor reserves the right to terminate the estate upon the happening of a stated event; i.e., the estate does not automatically terminate–the grantor must take some action. The estate is created by use of conditional words, such as “upon condition that,” “provided that,” “but if,” and “if it happens that.”

Question 7

What is the correlative future interest in grantor–right of entry (of the fee simple subject to condition subsequent)

Answer 7

The right to terminate, reserved by the grantor, is called a right of entry. It must be expressly reserved; in contrast with a possibility of reverter, it does not arise automatically. Most courts hold that rights of entry are not transferable inter vivos, but most states agree they are devisable, and all sates agree they are descendible

Question 8

If a conveyance contains both durational language and a power of termination, how will it likely be construed?

Answer 8

A conveyance that contains both durational language and a power of termination will likely be construed as creating a fee simple subject to condition subsequent, because the forfeiture is optional at the grantor’s election rather than automatic. (policy disfavors forfeiture of estates)

Question 9

What is a Fee Simple Subject to an Executory Interest

Answer 9

If a fee simple estate terminates upon the happening of a stated even (because it is determinable or subject to a condition subsequent) and then passes to a third party rather than reverting to the grantor or giving the grantor a right to terminate, the third party has an executory interest

Question 10

What is a common property condition or limitation that violates public policy

Answer 10

If the purpose of the condition is to penalize marriage or encourage divorce, it likely will be struck down. However, if the purpose is to give support until marriage or in the event of divorce, it likely will be upheld

Question 11

What is a fee tail

Answer 11

It is an estate where inheritability is limited to lineal heirs. It is created by the words “to A and the heirs of his body.” Most jurisdictions have abolished the fee tail, and an attempt to create one results in a fee simple

Question 12

Can a life estate be measured by the life or lives of more than one person

Answer 12

yes

Question 13

Can a life estate be measured b a life other than the grantee’s?

Answer 13

Yes (e.g., “to A for the life of B”). It also results when the life tenant conveys his life estate to another (e.g., if A, the holder of a life estate, conveys his interest to B, B has a life estate for the life of A)

Question 14

What is the doctrine of waste?

Answer 14

A life tenant may not permanently reduce the value of the estate of the remaindermen and cannot acquire an interest adverse to that of the remaindermen. While a life tenant may be a purchaser at a sale to satisfy an encumbrance, neither the life tenant nor one claiming under him, who allows the property to be sold for taxes or the satisfaction of an encumbrance, can acquire a title adverse to the remainderman or reversioner by purchasing at the sale himself or through an intermediary. In other words, a life tenant cannot allow a mortgage to go into foreclosure and then purchase the property at the foreclosure sale. Such a transaction results in a restoration of the rights of the remainderman, as well as of the life tenant, the life tenant thereby reacquiring his life estate, but no more

Question 15

In Florida, what is the rule for when a life tenant makes improvements?

Answer 15

IF a life tenant makes improvements, generally he cannot demand that the owner of the remainder pay any part of the cost unless they expressly agreed otherwise. But a life tenant may complete improvements begun by the donor of the estate and demand contribution from the remainderman

Question 16

What are the rights and duties of the life tenant as it pertains to the doctrine of waste and consequences of not following those duties

Answer 16

A life tenant is entitled to any ordinary uses and profits of the land but cannot do anything that injures the interests of a remainderman or reversioner. A future interest holder may sue for damages or to enjoin such acts, and if she spends money to perform the life tenant’s obligations, she is entitled to reimbursement

Question 17

What are the rules of affirmative (voluntary) waste?

Answer 17

Exploitation of natural resources (e.g,. minerals) by a life tenant is generally limited to situations when: (i) necessary for repair or maintenance of the land; (ii) the land is suitable only for such use; or (iii) it is expressly or impliedly permitted by the grantor. Under the open mines doctrine, if mining was done on the land prior to the life estate, the life tenant can continue mining–but is limited to the mines already open

Question 18

What are a life tenants four obligations as it pertains to permissive waste

Answer 18

A life tenant is obligated to: (i) preserve the land and structures in a reasonable state of repair; (ii) pay interest on mortgages (not principal); (iii) pay ordinary taxes on the land; and (iv) pay special assessments for public improvements of short duration (improvements of long duration are apportioned between the life tenant and future interest holder). Permissive waste occurs when a life tenant fails to do so. However, this duty is limited to the extent of the total income or profits generated from the land since the life tenant acquired ownership (or, if the life tenant is in possession of the land herself, to the extent of the greater of the income or profits and the reasonable rental value of the land). A life tenant is not obliged to insure the premises for the benefit of remaindermen and is not responsible for damages caused by a third-party tortfeasor

Question 19

What is ameliorative waste, and in what three situations is it allowed?

Answer 19

Ameliorative waste is a change that benefits the property economically. This waste was actionable at common law, but now a life tenant may alter or even demolish existing buildings if:

(i) The market value of the future interests is not diminished; and either
(ii) the remaindermen do not object; or
(iii) a substantial and permanent change in the neighborhood conditions (e.g., change from residential to 90% industrial) has deprived the property in its current form of reasonable productivity or usefulness

Question 20

What happens if a life tenant who receives the estate by will or intestacy renounces his interest?

Answer 20

The future interest following the life estate is generally accelerated so that it becomes immediately possessory

Question 21

What is the duration of the limit that Florida imposes on reverters and rights of entry?

Answer 21

A Florida statute limits the duration of reverters or forfeiture provisions to 21 years from the date of the deed conveying the realty

Question 22

Is a future interest giving its holder the right or possibility of future possession of an estate considered present, legally protected right to property?

Answer 22

yes

Question 23

What is the difference in alienability between a fee simple determinable’s and a fee simple subject to condition subsequent’s future interest?

Answer 23

Fee Simple Determinable: the possibility of reverter is transferable, descendible, and devisable
Fee Simple Subject to Condition Subsequent: the right of entry is descendible and devisable, but some courts hold not transferable inter vivos

Question 24

What is a reversion

Answer 24

It is the estate left in a grantor who conveys less than she owns (e.g., O conveys “to A for life”; O has a reversion). It arises by operation of law; it does not have to be expressly reserved. A reversion is alienable, devisable, and inheritable. Its holder can sue for waste and for tortious damage to the reversionary interest

Question 25

What is a remainder

Answer 25

It is a future interest in a third person that can become possessory on the natural expiration of the preceding estate. It cannot divest a prior estate, and it cannot follow a time gap after the preceding estate. A remainder must be expressly created in the instrument creating the preceding possessory estate. Examples:

1) O conveys “to A for life, then to B and his heirs”; B has a remainder.
2) O conveys “to A for life, then to B and his heirs one day after A’s death”; B does not have a remainder (Because there is a gap).

Question 26

What is an indefeasibly vested remainder?

Answer 26

A vested remainder is one created in an existing and ascertained person, and not subject to a condition precedent. The remainderman has a right to immediate possession upon normal termination of the preceding estate. An indefeasibly vested remainder is a vested remainder that is not subject to divestment or diminution

Question 27

What is a vested remainder subject to open?

Answer 27

This is a vested remainder created in a class of persons (e.g., "children") that is certain to become possessory, but is subject to diminution--e.g., by the birth of additional persons who will share in the remainder as a class.
Example: O conveys "to A for life, then to children of B." A and B are living and B has one child, C. C has a vested remainder subject to open.

Question 28

What is a vested remainder subject to total divestment?

Answer 28

This is a vested remainder that is subject to a condition subsequent.
Example: O conveys “to A for life, then to B and his heirs; but if B dies unmarried, then to C and his heirs.” B has a vested remainder subject to complete divestment by C’s executory interest.

Question 29

What is a contingent remainder?

Answer 29

Contingent remainders are those created in unborn or unascertained persons, or subject to a condition precedent

Question 30

What is a condition precedent (as in a remainder contingent on a condition precedent)?

Answer 30

A condition is precedent if it must be satisfied before the remainderman has a right to possession.
Examples:
1) O conveys “to A for life, then to B and his heirs if B marries C.” B’s remainder is contingent because he must marry C before he can take possession.
2) O conveys “to A for life, then to B and his heirs if B marries C, otherwise to D and his heirs.” B and D have alternative contingent remainders.
Compare: O conveys “to A for life, then to B and his heirs; but if B marries C, then to D and his heirs.” B has a vested remainder (because no condition precedent) subject to divestment by D’s executory interest

Question 31

What is a contingent remainder in an unborn or unascertained person

Answer 31

A remainder created in unborn or unascertained persons is contingent because until the remainderman is ascertained, not one is ready to take possession if the preceding estate ends
Example: O conveys “to A for life, then to the children of B.” If B is childless at the time, the remainder is contingent.

Question 32

What is the doctrine of merger as it relates to interests in land

Answer 32

When on person acquires all of the present and future interests in land except a contingent remainder, under the common law, the contingent remainder is destroyed.
Example: “O conveys “to A for life, then to B’s children.” If, before B has any children, O purchases A’s life estate, O will have a life estate pur autre vie and a reversion. These interests merge, and the contingent remainder in B’s unborn children is destroyed.

Question 33

What are executory interests?

Answer 33

Executory interests are future interests in third parties that either divest a transferee’s preceding freehold estate (“shifting interests”), or follow a gap in possession or cut short a grantor’s estate (“springing interests”)
Examples:
1) In a grant from O “to A and his heirs when A marries B,” A has a springing executory interest because it divests the grantor’s estate.
2) In a grant from O “to A for life, then to B and his heirs; but if B predeceases A, then to C and his heirs,” C has a shifting executory interest because it divests a transferee’s preceding estate

Question 34

What is the difference in transerability of remainders and executory interests

Answer 34

Vested remainders are fully transferable, descendible, and devisable. At common law, contingent remainders and executory interests were not transferable inter vivos, but most courts today hold that they are freely transferable. Contingent remainders and executory interests are descendible and devisable, provided survival is not a condition to the interest’s taking

Question 35

What is a class gift as far as the property interest and what is a “class”

Answer 35

A “Class” is a group of persons having a common characteristic (e.g., children, nephews). The share of each member is determined by the number of persons in the class. A class gift of a remainder may be vested subject to open (where at least one group member exists) or contingent (where all group members are unascertained).

Question 36

For class gifts, when does the class close (the rule of convenience)

Answer 36

Under the rule of convenience, in the absence of express contrary intent, a class closes (i.e., no one born after that time may share in the gift) when some member of the class can call for distribution of her share of the class gift.
Examples:
1) T's will devises property to W for life, then to A's children. At the time the will is executed, A has two children, B and C. A then has another child, D. T dies. A has child E, then W dies. After W's death, A has another child, F. The class closed at W's death because it was time to make the distribution. Thus, B, C, D, and E share the property, and F is excluded.
2) T's will devises the residue of his estate "to those of A's children who attain age 21." If any of A's children is 21 at T's death, the class closes at that time. Otherwise, it closes when one of A's children reaches age 21. But remember, if it had been a future gift (i.e., "to A for life, then to such of A's children who attain age 21"), the class would remain open until the life tenant's death even if some of the class members had reached the stated age at T's death

Question 37

How does survival factor into class gifts?

Answer 37

Survival of a class member to the time of closing is usually unnecessary to share in a future gift–unless survival was made an express condition (e.g., “to A for life and then to his surviving children”). However, certain terms are construed to create implied survivorship conditions (e.g., widow, issue, heirs, next of kin). Note that under some anti-lapse statutes, a gift will be saved for the party’s descendants even if there is an express survival contingency

Question 38

What is a trust

Answer 38

A trust is a fiduciary relationship with respect to specific property (res) where in the trustee holds legal title to the property subject to enforceable equitable rights in a beneficiary. The creator of a trust is the settlor, who must own the property at the time of trust creation and must have had the intent to create the trust

Question 39

Does the Rule Against Perpetuities apply to the equitable future interests of the beneficiaries in a private trust just as it does to “legal” future interests

Answer 39

Yes

Question 40

How is a trust created

Answer 40

A trust can be created by will (testamentary trust), inter vivos transfer of the trust res, or inter vivos declaration that the settlor is holding property in trust. All trusts of real property must be in writing. Note that a settlor may bequeath (by will) property to a trust created during his lifetime–i.e., he may “pour it over” into the trust

Question 41

What is FL’s Rule Against Perpetuities

Answer 41

Florida has enacted the Uniform Statutory Rule Against Perpetuities, which adopts a 90-year alternate vesting period. Under this Rule, a nonvested property interest (real or personal) is invalid unless: (i) when the interest is created it is certain to vest or terminate within the common law period (21 years after the death of an individual then living); or (ii) it actually vests or terminates within 90 years after its creation.
Note that for property interests in a trust created after 12/31/2000, the time limit is 360 years, instead of 90 years

Question 42

For the Rule Against Perpetuities, when does the Perpetuities Period begin to run?

Answer 42

The time the interest is created and the perpetuities begins to run depends on the instrument and the interest create: For interests granted by will, it runs from the date of the testator’s death; for deeds, it is the date of delivery. The period runs on an irrevocable trust from the date it is created; it runs on a revocable trust from the date it becomes irrevocable

Question 43

When does an interest vest for purposes of the Rule Against Perpetuities

Answer 43

When the interest becomes: (i) possessory, or (ii) an indefeasibly vested remainder or a vested remainder subject to total divestment

Question 44

What is a “life in being” as it is in the Rule Against Perpetuities?

Answer 44

Unless other measuring lives are specified, one connected with the vesting of the interest is used. Any lives may be denominated measuring lives, provided they are human and of reasonable number

Question 45

What are some interests exempt from the Rule Against Perpetuities?

Answer 45

Except for vested remainders subject to open, the Rule Against Perpetuities does not apply to vested interests. Thus, other vested remainders, reversions, possibilities of reverter, and rights of entry are not subject to the Rule. Moreover, there is a charity-to-charity exception to the Rule (i.e., the Rule does not apply to any disposition over from one charity to another), and an exception for options to purchase held by a current tenant

Question 46

What is the Consequence of violating the Rule Against Perpetuities

Answer 46

Violation of the Rule destroys only the offending interest. The exception is the rare case of “infectious invalidity” where the testator would probably have preferred the entire gift to fail

Question 47

How does an executory interest that follows a defeasible fee fare against the Rule Against Perpetuities

Answer 47

Generally, an executory interest that follows a defeasible fee (e.g., “to A for so long as no liquor is consumed on the premises, then to B”) violates the Rule Against Perpetuities, and the executory interest is stricken. (An executory interest following a defeasible fee is valid only if the condition is specific to the fee holder or expressly limited to the perpetuities period.)
Note that in the example given, after the void interest is stricken (B’s interest), A would have a fee simple determinable and O would have a possibility of reverter. However, if O conveys “to A, but if liquor is ever consumed on the premises, then to B,” B’s interest and the condition are stricken, and A has a fee simple absolute

Question 48

Does an age contingency beyond age 21 violate the Rule Against Perpetuities?

Answer 48

Yes a gift to an open class conditioned on members surviving beyond age 21 violates the Rule.
Example: "To A for life, then to those of A's children who attain the age of 25." The remainder in A's children violates the Rule and is void.

Question 49

What is the rule regarding the fertile octogenarian for the Rule Against Perpetuities

Answer 49

A woman is conclusively presumed to be capable of bearing children, regardless of her age or medical condition.
Example: “To A for life, then to A’s children for life, then to A’s grandchildren in fee.” The remainder in A’s grandchildren is invalid despite the fact that A is 80 years old.

Question 50

For Application of the Rule Against Perpetuities to Class Gifts, what is the “Bad-as-to-One, Bad-as-to-All” Rule

Answer 50

If the interest of any class member may vest too remotely, the whole class gift fails. For the class gift to vest, the class must be closed and all conditions precedent must be satisfied for every member

Question 51

What is the “Gift to Subclass” Exception to the “Bad-as-to-One, Bad-as-to-All” Rule?

Answer 51

Each gift to a subclass may be treated as a separate gift under the Rule.
Example: "Income to A for life, then to A's children for their lives. Upon the death of each of A's children, the corpus is to be distributed to that child's issue, per stirpes." The gifts to each of A's children's issue are considered separately. Thus, the gifts to issue of A's children living at the time of the disposition are good, but the gifts to the issue of afterborn children of A violate the Rule and are void.

Question 52

What is the Per Capita Gift Exception to the “Bad-as-to-One, Bad-as-to-All” Rule

Answer 52

A gift of a fixed amount to each member of a class is not treated as a class gift under the Rule.
Example: "$1,000 to each of my great-grandchildren, whether born before or after my death." This creates gifts to individuals, each of whom is judged separately under the Rule.

Question 53

What is the Rule Against Restraints on Alienation

Answer 53

Generally, any restriction on the transferability of a legal (as opposed to equitable) interest is void

Question 54

What are the three types of restraints on alienation

Answer 54

(i) disabling restraints, under which attempted transfers are ineffective;
(ii) forfeiture restraints, under which an attempted transfer forfeits the interest; and
(iii) promissory restraints, under which an attempted transfer breaches a covenant.
A disabling restraint on any legal interest is void. Forfeiture and promissory restraints may be valid, depending on the nature of the restraint and the interest involved

Question 55

What is the rule regarding restraints on a fee simple

Answer 55

All absolute restraints on fee simple estates are void; thus, the grantee may freely transfer the property. A partial restraint is one that purports to restrict the power to transfer to specific persons, or by a specific method, or until a specific time. Forfeiture or promissory restraints on fee simple estates for a limited time and reasonable purpose may be upheld (e.g., a restraint limited to the joint lifetimes of co-owners as a reasonable way to ensure that neither will have to reside with a stranger

Question 56

What is the rule on discriminatory restraints?

Answer 56

Judicial enforcement of restraints prohibiting the transfer or use of property to or by a person of a specified racial, religious, or ethnic group is discriminatory state action forbidden by the Fourteenth Amendment. Discriminatory restrictions may also violate the Fair Housing Act

Question 57

What is the rule on restraints on a life estate?

Answer 57

Forfeiture and promissory restraints on life estates are valid, but disabling restraints are void

Question 58

What is the rule on restraints on future interests?

Answer 58

Restraints on vested future interests generally are valid to the extent that restraints on present interests of the same type are valid (e.g., forfeiture and promissory restraints on vested remainders for life are valid, but disabling restraints on vested remainders for life are void)

Question 59

What are three valid restraints on alienation

Answer 59

a. Reasonable restrictions in commercial transactions;
b. Reasonable options and rights of first refusal; and
c. Restrictions on assignment and sublease of leaseholds (e.g., requiring landlord’s consent)

Question 60

What is a joint tenancy

Answer 60

A joint tenancy’s distinguishing feature is the right of survivorship. When one joint tenant dies, the property is freed form her concurrent interest (her survivors do not succeed to it)

Question 61

What is required for joint tenancy creation

Answer 61

The common law requires four unities–time, title, interest, possession–to create a joint tenancy; i.e., the interest of joint tenants must be equal in every way. They must take identical interests, at the same time, by the same instrument, with the same right to possession. Thus, all interests in a joint tenancy must be equal shares. In Florida, however, although the state generally requires four unities to create a joint tenancy, an owner can create a joint tenancy in herself and another by a single deed, even though the unities of time and title are not satisfied; i.e., no strawman is required

Question 62

What are two circumstances in which the right of survivorship may be severed and tenancy in common results,

Answer 62

1) Inter Vivos Conveyance

2) Contract to Convey

Question 63

What is the extent to which an inter vivos conveyance severs the right to survivorship and a tenancy in common results? (including the two transactions that do not result in severance)

Answer 63

A voluntary or involuntary conveyance by a joint tenant of her undivided interest destroys the joint tenancy. The transferee takes as a tenant in common. When there are more than two joint tenants, conveyance by one destroys the joint tenancy only to the extent of the conveyor’s interest. Transactions that may not result in severance include judgment liens and leases. For judgment liens, usually when a plaintiff obtains a money judgment against a defendant, that judgment becomes a lien on the defendant’s real property in the county where the judgment is docketed. The lien runs with the land, burdening it until the judgment is paid or the lien expires (usually 10 years). If such a lien is acquired against a joint tenant, it does not sever the joint tenancy until it is actually sold at a foreclosure sale. For leases, in most states one joint tenant may lease the property without causing a severance. But the tenant only has the rights to occupancy that the leasing joint tenant had. If the leasing joint tenant dies before the end of the lease, the lease is unenforceable against the surviving joint tenants

Question 64

What is the extent to which a contract to convey severs the right to survivorship and a tenancy in common results?

Answer 64

Severance results if one joint tenant contracts to convey her interest, but the courts are split on whether an executory contract by all joint tenants works a severance.

Question 65

What effect does a testamentary disposition have on a joint tenancy

Answer 65

A will is ineffective to work a severance because at death the testator’s interest vanishes

Question 66

What effect does one joint tenant’s murdering another have on a joint tenancy

Answer 66

Conceptually, a joint tenant who murders the other joint tenant should not lose her right of survivorship. In some jurisdictions, statutes will change this result; in others, a constructive trust is imposed for the decedent’s estate

Question 67

What is a tenancy by the entirety

Answer 67

A tenancy by the entirety is a marital estate akin to joint tenancy. If a conveyance to spouses is unclear as to the type of estate created, most states presume that it creates a tenancy by the entirety. Only death, divorce, mutual agreement, or execution by a joint creditor of both the spouses can sever a tenancy by the entirety. An individual spouse cannot convey or encumber tenancy by the entirety property. A deed or mortgage executed by only one spouse is ineffective.

Question 68

What is a tenancy in common

Answer 68

A tenancy in common is a concurrent estate with no right of survivorship. Tenants can hold different interests in the property but each is entitled to possession of the whole. Interests are alienable, devisable, and inheritable. Today, multiple grantees are presumed to take as tenants in common, not as joint tenants

Question 69

What are the rights and duties of co-tenants to possession of property

Answer 69

Each co-tenant has the right to possess all portions of the property but has not right to exclusive possession of any part. A co-tenant out of possession cannot bring a possessory action unless she is “ousted” (e.g., another co-tenant claims right to exclusive possession)

Question 70

What are the rights and duties of co-tenants to rents and profits of property

Answer 70

In most states, a co-tenant in possession has the right to retain profits from her own use of the property; i.e., she need not share profits with other co-tenants absent ouster or an agreement to the contrary. She must, however, share net rents from third parties and net profits gained from exploitations of land, such as mining

Question 71

What are the rights and duties of co-tenants in response to one concurrent owner’s encumbering the property

Answer 71

A joint tenant or tenant in common may encumber her interest (e.g., by mortgage or judgment lien), but may not encumber the interests of other co-tenants. If, e.g., one tenant in common mortgages her interest, the mortgagee can foreclose only on the mortgaging co-tenant’s interest. If a joint tenancy is involved, a mortgage (in a lien theory state such as FL) or lien does not sever the joint tenancy, but a foreclosure sale will. Note, however, that in the case of a joint tenancy, a mortgage or lienor runs the risk that the obligated co-tenant will die before foreclosure, extinguishing the mortgagee’s or lienor’s interest

Question 72

What are the rights and duties of co-tenants in a remedy of partition

Answer 72

Any co-tenant has a right to judicial partition, either in kind (physical division of land among co-tenants) or by sale and division of the proceeds. Courts prefer partition in kind but will permit partition by sale when a fair and equitable physical division of the property cannot be made. Although generally this right may be exercised at any time, restraints on partition by co-tenants are valid, provided they are limited to a reasonable time

Question 73

What are the rights and duties of co-tenants as far as expenses for preservation of property–contribution in 1) repairs, 2) improvements, and 3) taxes and mortgages

Answer 73

1) Repairs - A co-tenant who pays more than her pro rata share of necessary repairs is entitled to contribution from other co-tenants, provided she has notified the other co-tenants of the need for repairs
2) Improvements - Generally, there is no right of contribution for the cost of improvements unless there is a partition. In other words, a co-tenant in possession cannot compel contribution for improvements from out-of-possession co-tenants. If, however, the tenant in possession has been collecting rent, they may deduct the cost from the rent they are required to pay the other co-tenants
3) Taxes and Mortgages - Contribution can be demanded for taxes or mortgage payments paid on the entire property. However, reimbursement to a co-tenant in sole possession is limited to the extent that expenditures exceed the rental value of her use

Question 74

What is the duty of fair dealing among co-tenants

Answer 74

A confidential relationship exists among co-tenants; e.g., one co-tenant’s acquisition of an outstanding title or lien that may affect the estate is deemed to be on behalf of other co-tenants. It is difficult for one co-tenant to adversely possess against other co-tenants.