Ownership

Question 1

What happens when a joint tenant’s interest is transferred during life?

Answer 1

Joint tenancy is severed and converted into a tenancy in common

*if two or more joint tenants remain, the others will retain a joint tenancy with respect to each other.

Question 2

Can joint tenancy be devised by will or inherited?

Answer 2

No, only when tenancy in common

Question 3

is “for the purpose” sufficient to make a defeasible fee?

Answer 3

No.

FSD: so long as, during, until
FSSCS: but if, provided that, unless

Question 4

If 1 out of 3 Joint Tenants gives interest to another joint tenant, what does that joint tenant get?

Answer 4

the other joint tenant gets 1/3 interest as a tenant in common. Still has 1/2 Joint Tenancy with the third Joint Tenant

Question 5

If testator’s will states “all my interests” to A, but testator already gave “all my interests” to B during life, what rules?

Answer 5

What happened during life

Question 6

Can heirs end up with nothing

Answer 6

Yes if interests/estates were given away at life or in will

Question 7

If covenant between landlord and tenant runs with land, can new owner enforce?

Answer 7

Yes if the assignee-landlord is in privity of estate with the tenant