Ch 9: Rights and Obligations of Concurrent Owners Flashcards
(20 cards)
What is the general rule for possession for concurrent owners
Each co-tenant has right to possess ALL of the property, regardless of that co-tenants share and regardless of the type of co-tenancy (exception: agreement entered into that states differently)
Anna & ben are tenants in common in Blackacre. Anna owns a 2/3 share and Ben owns a 1/3 share. Ben is in sole possession of Blackacre. They have no agreement as to possession. Does ben still occupy the whole property? Is ben an adverse possessor?
- Yes
- No, Ben’s use is not adverse to Anna’s interest
Ouster
Co-tenant in possession denies another co-tenant access to the property (ex. changing the locks/throwing items out, etc)
Remedies for the ousted tenant
- Get an injunction granting access to the property, and/or
- Recover damages for the value of the use while the co-tenant was unable to access the property
Rent received from a third party’s possession of the property, minus operating expenses, are divided based on?
based on ownership interests of each co-tenant
Anna and ben own black acre as tenants in common. A has 10% interest and B has 90% interest. Carmen is renting for $1k a month. Each month, what is A entitled to and B?
A: $100 of rent
B: $900 of rent
Operating expenses
Necessary charges, such as taxes or mortgage payments
Operating expenses are divided based on?
ownership interests of each co-tenant
A co-tenant can collect _______ from the other co-tenants for payments in excess of her share of the operating expenses
contribution
There is no right to _______ for improvements
reimburse
The co-tenant who makes the improvements can get ?
credit in a partition action
Partition action
Available to all holders of a tenancy in common or a joint tenancy & is a unilateral right
Tenants by the entirety do NOT have the ?
unilateral right to partition
What happens in a partition action
the court will divide the property into distinct portions
In partition actions, courts have a preference for what type of division?
physical divison
A court will order a partition by sale if the physical partition is:
- Not practical (ex. land is complicated) or
- Not fair to all parties
Proceeds from a partition by sale are divided among?
the co-tenants based on their ownership interests
Anna and Ben own a condo unit as tenants in common, each with a 50% share in the property. Anna sues for partition. What kind of partition will the court order?
A partition by sale b/c a physical partition is not feasible
Co-tenants can agree to not?
to not partition
An agreement between co-tenants to not partition is enforceable, provided that:
- the agreement is clear; and
- the time limitation is reasonable
