Explore the legal terms and concepts related to Concurrent Estates. Click on any term below to learn more about its definition and applications.
What is a tenancy in common?
A tenancy in common is a shared tenancy in which each holder has a distinct, separately transferable...
In assessing the rights and duties of co-tenants, what is a judicial partition?
A judicial partition is the right of any co-tenant to liquidate their interest in the property. Ther...
In assessing the rights and duties of co-tenants, are encumbrances allowed?
It is possible for a joint tenant, or tenant in common, to encumber their own interest, but they can...
In assessing the rights and duties of co-tenants, what are rents and profits?
Generally, a co-tenant in possession has the right to retain profits from their own use of the prope...
In assessing the rights and duties of co-tenants, what is possession?
Each individual co-tenant has the right to possess every part of the property, but no individual co-...
In assessing the rights and duties of co-tenants, what is contribution?
Co-tenants are entitled to contribution for necessary repairs, so long as they notify others. There...
What are the rights and duties of co-tenants?
The rights and duties of co-tenants are C-PREP: 1. Contribution 2. Possession 3. Rents and Profit...
Which type of transactions may not result in severance of a joint tenancy?
Transactions that may not result in severance include: (1) judgment liens, (2) mortgages (in lien th...
What is the result of a joint tenancy that is severed?
Where a joint tenancy is severed voluntarily or involuntarily, the joint tenancy is destroyed and a...
What is required to establish a joint tenancy with right of survivorship?
A joint tenancy with the right of survivorship requires 4 unities: (1) time, (2) title, (3) interest...
What is a concurrent estate?
Concurrent estates are those that are either owned or possessed by two or more individuals simultane...
What effect does a testamentary disposition have on a joint tenancy with right of survivorship?
A testamentary disposition has no effect on a joint tenancy with right of survivorship due to the ri...
What is a tenancy by the entirety and how is it severed?
A tenancy by the entirety is a marital estate similar to a joint tenancy, and it presumptively arise...