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Real Property – Nutshell Examples - page 13 / 22

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Ex: Each member must have an equal right to possess the whole.  This is the only requirement of Tenancy in Common. (111)

Rights of Survivorship ROS

Ex:Ann and Bob were JT’s.  Bob died.  Wilma, his wife and only heir, takes no interest.  Ann takes all. (114)

Ex:Ann and Bob were JT’s.  Bob died.  Wilma, his wife, was his only heir.  Then Ann dies.  Harry was Ann’s only heir.  Harry now owns the entire estate.  Ann took all by ROS, pushing to Harry. (114)

Ex:Ann and Bob were JT’s.  Bob dies with a will that gave all his property to Wilma.  She doesn’t get shit, Ann still gets it all. (114)

Ex:Ann and Bob were tenants in common.  Bob died. On Bob’s death, Wilma inherited his Tenancy in Common and became a T in C with Ann.  There is no ROS in a tenancy in common. (115)

Ex:Ann, Bob and Cathy were JT’s.  Cathy died, leaving a son, Jay, as her only heir. Jay takes nothing.  Ann and Bob acquire Cathy’s interest.  Now they each have ½ instead of 1/3. (115)

Severance

Ex:Ann and Bob were JT’s.  Bob conveyed his interest in the property to Cathy.  Ann and Cathy are now T’s in C. (115)

Ex:Ann, Bob and Cathy were JT’s.  Cathy conveys her interest to Dora.  Dora has a ½ interest as a T in C with Ann and Bob.  But Ann and Bob are still JT’s. (115)

Rents and Profits from 3rd Parties

Ex:Ann and Bob are T’s in C or JT’s.  Ann was in exclusive possession, farming the land herself, but recently she rented the farm to Cathy, for a rent of $100 per year.  Bob is entitled to $40 per year if the statute of Anne is in force in the state.  Otherwise, Ann is entitled to keep it all.  Under the majority rule, Bob may not recover for the rental value of the property while she was in possession. (119)

Purchase Price

Ex:Ann and Bob purchase property as T’s in C.  Ann paid 20K and Bob paid 10K.  A court may determine that they

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