2:12 notes PDF

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2/12 I.

Co-ownership 1) Tenancy in common  No right to survivorship 2) Joint Tenancy  Right of survivorship - Unity of time, interest, title, & possession  Will wouldn’t sever joint tenancy, sale would (others would be joint tenant & buyer would become tenant in common w/ others) [buyer’s would go to heir]  Joint tenants have equal ownership (1/3 for three, ½ for two, etc.)  When tenant leases, argument that it interferes w/ possession (but no end lease) 3) Tenancy by the Entirety

II.

Future Interests (P. 739)  Terms box in bottom right corner ***    

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Olivas v. Olivas (1989) Tenancy by entirety  Available only to legally married couples (hardly recognized by courts anymore) Ouster: overt act to take possession of property  Constructive ouster happens but no physical act o Can be because physical nature of area is just too small, or may not work/fit Constructive ouster here involves couple not being able to live together because of hostility (emotions) Policy question: why should this only extend to married couples? Carr v. Deking (1988) George and Joel Carr are tenants in common Rule: you don’t need permission from the other owners to lease your part if it’s a tenancy in common  George & Deking win Does joint tenancy or tenancy in common promote alienability?  Tenancy in common because you can leave it in a will, sell, etc.  Other argument for joint tenancy: o If having tenancy in common of not doing anything, you have to have people to figure it out as opposed to having a right to survivorship Possible problem of requiring consent from all owners:  If we have a tenancy in common, if through will or statute we inherit 1/30th of something, & we have to get everyone to agree to lease, it could be very hard!!!  Also don’t want people undercutting others though Tenhet v. Boswell (1976) Joint tenants = Johnson & Tenhet, Boswell leases from Johnson Issues: 1. Does the lease sever the joint tenancy? o Lease does not sever the tenancy  Courts split on this question, but this court says it doesn’t sever & it survives 2. Does the lease survive the death of Johnson? o It expires when Johnson dies  Pur [sic] autre vie: of another life = [If Nicholas gives O a life estate, then O gives what he was given to Anthony, he has a life estate on O’s life] – If O dies, Anthony’s interest expires – If he dies before O, Anthony still has an interest for heir  Boswell only has interest as long as Johnson is alive...