Rights and Duties of Co-Tenants Flashcards Preview

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Flashcards in Rights and Duties of Co-Tenants Deck (12):
1

Right of possession

Each tenant has a right to posses and control the whole.

2

Does a co-tenant in exclusive possession owe rent to a con-tenant that is out of possession?

No. Absent an ouster, a co-tenant in exclusive possession is not liable for rent.

3

What happens if on co-tenant wrongfully excludes another co-tenant from possession of the whole or any part?

He has committed wrongful ouster.

4

Does a co-tenant renting to a third party owe the other co-tenants?

Yes. A co-tenant who leases all or part of the premises to a third party must account to his co-tenants providing them their fair share of the rent income.

5

Can a co-tenant acquire the land from another co-tenant by adverse possession?

No, unless he has ousted the other co-tenants, one co-tenant in exclusive possession for the statutory adverse possession period cannot acquire tittle to the exclusion of others.
The hostility element of adverse possession would be absent.

6

How much is each co tenant responsible for in carrying costs? What are carrying costs?

Each co-tenant is responsible for his or her fair share of carrying costs such as taxes and mortgage interest payments.

7

How much is each co tenant responsible for in repairs?

A repairing co-tenant enjoys a right to proportional contribution for reasonably necessary repairs provided that she has given notice to the others of the need to repair.

8

How much is each co tenant responsible for improvements?

None. During the life of the co-tenancy, there is no right to contribution for improvements,`

9

What does an improving co-tenant get instead of contribution for improvements?

At partition the improving co-tenant is entitled to a credit equal to any increase in value caused by her efforts, however they are also liable for any drop in value caused by the "improvements"

10

What must a co-tenant not commit?

Waste. Including ameliorative, voluntary and permissive.

11

What can a co-tenant do if another co-tenant commits waste?

A co-tenant can bring an action for waste during the relationship.

12

What if a co-tenant wants to end the co-tenancy?

A joint tenant can bring an action for partition.
includes: by agreement, partition in kind and forced sale partitions.