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Concurrent Estates

Bar Exam Prep Real Property Concurrent Estates

Explore the legal terms and concepts related to Concurrent Estates. Click on any term below to learn more about its definition and applications.

PROP#053

What is a tenancy in common?

A tenancy in common is a shared tenancy in which each holder has a distinct, separately transferable...

PROP#059

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...

PROP#058

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...

PROP#057

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...

PROP#056

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-...

PROP#055

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...

PROP#054

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...

PROP#050

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...

PROP#049

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...

PROP#048

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...

PROP#047

What is a concurrent estate?

Concurrent estates are those that are either owned or possessed by two or more individuals simultane...

PROP#051

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...

PROP#052

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...

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