Concurrent Interests

1) Joint Tenancy
2) Tenancy by the Entirety
3) Tenancy in Common

- 2 or more people own a single unified interest in real or personal property.
- Survivorship: yes
- Possession: Each tenant is entitled to occupy the entire premise subject to the same right in the other party.
Severance: may destroy at any time. Usually done through conveyance.

- To create a JT the tenants must be equal in all of the following:
1) Time: recieve interest at the same time
2) Title: receive interest under the same instrument
3) Interest: Must have identical interest
4) Possession: Both must have the right to possess the whole property at creation (can be contracted around later)

- Usually done by conveyance.
- If a JT conveys their interest to a third party, then the joint tenance is either:
1) Destroyed (if there are only 2 JTs)
2) Severed as to that part of the interest (if there are more than 2 JTs)

Love Tenancy
- Concurrent interest only created in husband and wife
- all four unities + marriage must be present
- Neither can defeat right of survivorship by sale
- End by divorce

- There can be unequal shares.
- No right of survivorship
- Decendable
- Alienable

- There is no duty to account for rent if one party occupies the whole property, unless there is Ouster

Where the occupying tenant refuses to permit the other tenant equal occupancy. They must pay the other party a share of their fair rental value.
Elements:
1) Prevents or physically bars entry by a cotenant: Change locks
2) Denies contenants claim to title: Must be express.

Responsible to account to the other party if they take more than their share.

If one tenant receives rent from a third party they are obligated to share those rents with cotenants pursuant to the size of their share.

Split according to the portion of ownership.

- Mortgage
- Taxes
- Repairs
- Improvements

- Implied Fiduciaries

- Each cotenant is responsible for their share.
- Principal: Paying cotenant can enforce all of the rights of power of the morgagee against their contenant, including foreclosure.
- Interest: A cotenant that pays more than their share can force the other party to reimburse him for their share immediately, upon partition, or within the limitations period following the end of the cotenancy.

- Each cotenant is responsible for their proportional share.
- A cotenant that pays more than their share can recover whenever (subject to statutory limitations).

- There is no affirmative right for contribution for repairs.
- However, there are three ways that one party can recover for repairs from a co-tenant:
1) Rent -subtract from rent received
2) Partition
3) Accounting action

- Rent: From a third party or due to exclusive occupancy. The repairing cotenant may deduct from the rent due to the other party their share of the repair costs.
- Partition: Upon partition a repairing party is entitled to be reimbursed for the repair costs in excess of their share. Can be done by a larger portion or cash in physical partition, or cash in partition by sale.

- You can’t recover for improvements from a cotenant.
- if there is partitioning or liability for rent by the improving party, the cotenant can only recover for the VALUE ADDED not the actual cost of the improvement.

There are no implied fiduciary duties to each other.

- Almost impossible.
- Must give cotenants absolutely clear and unequivocal notice that they claim exclusive and sole title.

- A JT or TIC can demand at any time and for any reason.
- If not agreed ahead of time the court will do one of the following:
1) Physical Partition
2) Partition by Sale

- Most common
- Will only NOT be done of a party can prove:
1) it is impossible or extremely impracticable
2) not in the best interest of ALL parties.

- Not favored by courts
- Net proceeds are divided among the co-owners in proportion to their interest.
- Will only be done if:
1) physical partition is impossible or extremely impracticable, or
2) physical partition is not in the best interest of all parties.

Must:
1) Clearly manifest parties intention not to partition
2) duration must be limited to a reasonable period of time

- these exist when someone dies intestate.
- Order of heirs:
a. Spouse/issue (children)
b. Ancestors
c. Collateral (everyone else)

Tell the length of an interest

Tell who gets an interest

- Affirmative
- Permissive
- Ameliorative

- Arises from voluntary acts
- Is hurtful

- Arises from a failure to act

- makes a property better (increases its property value), but changes the property in some material way.