Legal Property Law & Real Estate 3

Question 1

A and B own land as joint tenants with right of survivorship. A conveys A's interest to C, and then A dies. Who owns the land?

Accepted Answer

B and C as tenants in common

Answer

A's conveyance broke the unities of time and title, which severed the joint tenancy, so C holds as a tenant in common with B.

Question 2

In a lien-theory state, joint tenant A mortgages A's interest without telling B, and then A dies. What is B's position?

Accepted Answer

B owns the land free of the mortgage

Answer

In a lien-theory state, a mortgage does not sever the joint tenancy, so the lien ends at A's death and B takes free of it.

Question 3

Cotenant A lives alone on property co-owned with B. B, who was never kept out, demands fair rental value. Generally, A is:

Accepted Answer

Not liable absent ouster or an agreement

Answer

Each cotenant may possess the whole property, so a cotenant in sole possession owes no rent unless there was ouster or an agreement.

Question 4

A creditor of only one spouse tries to levy on land the spouses hold as tenants by the entirety. In most jurisdictions that recognize the tenancy, the creditor:

Accepted Answer

Cannot reach the property

Answer

Tenancy by the entirety property cannot be reached by creditors of only one spouse in most recognizing jurisdictions.

Question 5

Under the common-law rule, how much notice is needed to end a month-to-month periodic tenancy?

Accepted Answer

One full period, ending at the end of a period

Answer

A periodic tenancy ends only with notice of at least one full period that takes effect at the end of a period.

Legal - Attorneys Practice Test

Legal - Attorneys Practice Test

Legal Property Law & Real Estate 3