Property Ownership and Rights Flashcards

Three individuals own a property as joint tenants. One of the owners sells their interest to a fourth person. How is the ownership of the property now held?

Answer: The fourth person is a tenant in common with the original two joint tenants, who remain joint tenants with each other.

When a joint tenant sells their interest, the four unities (time, title, interest, and possession) are broken for that share. The new owner takes their share as a tenant in common, while the remaining original owners continue as joint tenants with each other, preserving the right of survivorship between them.

Which of the following forms of ownership is characterized by the right of survivorship, where a deceased owner's interest automatically passes to the surviving owners?

Answer: Joint Tenancy

A key feature of Joint Tenancy is the right of survivorship. When one joint tenant dies, their interest in the property is automatically transferred to the remaining joint tenants, avoiding probate.

An owner has the most complete form of ownership, with all the rights in the 'bundle of rights'. This form of ownership is known as:

Answer: Fee simple absolute

Fee simple absolute is the highest and most complete form of property ownership. It grants the owner the full bundle of rights, is indefinite in duration, and can be freely transferred or inherited.

A homeowner discovers that their neighbor's newly built garage extends two feet over their property line. This is an example of a(n):

Answer: Encroachment

An encroachment is the unauthorized intrusion of a building, structure, or other object onto another person's land. Unlike an easement, it is not a legal right but a violation of property rights.

The 'bundle of rights' refers to the set of legal privileges associated with real property ownership. Which of the following is NOT considered one of the primary rights in this bundle?

Answer: Right of Taxation

The bundle of rights includes the rights of possession, control, enjoyment, exclusion, and disposition. The right of taxation is a power of the government, not a right of the private property owner.

An elderly woman grants her property to a nephew for the duration of his life. Upon the nephew's death, the property is to return to the woman or her heirs. The nephew holds what type of interest in the property?

Answer: Life Estate

A life estate grants ownership interest in a property for the duration of a specific person's life. The holder of the life estate (the life tenant) has the right to use and possess the property, but this interest terminates upon their death.