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Proerty Notes

Proerty Notes

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Published by Yanique Otto-Leslie

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Published by: Yanique Otto-Leslie on Nov 19, 2010
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11/19/2010

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y Right of survivorship is a key distinction between joint tenancy and tenants in common y Tenancy by entirety ± as long as u¶re still

married u cant sever this??? y Joint tenancy ± p 324 y Read about how joint tenancy is moving toards not necessarily being equal ownership , but based on who put in what y Tenancy in common is the preerence now y Generakl tendency is toward a contract approach : it matters what the initial intent was ± trying to increase the flexibility

Riddle v. Harmon, Court of Appeal of CA, 1st District (1980) Author: Bram Parties: PL is widower of joint tenant, and the DF is the executrix from the lower court action. Cause of action/remedy sought: Declaratory judgment for rights of ownership in land sought on appeal out of dispute from a quieting of title in lower court. Procedural History: Trial court ruled in summary judgment that Ms. Riddle did not unilaterally terminate a joint tenancy by conveying her interest from herself as joint tenant to herself as tenant in common. On appeal, judgment is reversed. Facts: The Riddles purchased a parcel of real estate, taking title as joint tenants. Shortly before her demise, Ms. Riddle retained an attorney to plan her estate. After learning that her land, upon being in joint tenancy, would pass to her husband, decided to change this possibility of a future interest. Her lawyer prepared a grant deed whereby Ms. Riddle granted to herself an undivided one-half interest in the subject property. The document further stated "The purpose of this Grant Deed

as the case may be). . The court in this decision says "out with the old. where a joint tenant can end her joint interest in an estate by herself. Riddle. and in with the new. one possible way was through a strawman (defined below). and earlier on in CA law as well (despite no problems with strawmen being able to create a joint tenancy).is to terminate those joint tenancies formerly existing between the Grantor. Issue(s): Under property law. Riddle. Riddle died thereafter. but that was ruled illegal in common law. Court's Rationale/Reasoning: Ending a joint tenancy becomes a lot easier if a person has intent to leave the relationship (business. and Ms." (overrules Clark and common law doctrine in the process) Rule: One joint tenant may unilaterally sever the joint tenancy without the use of an intermediary devise. but times are changing. one of which was interest. or both. Frances P. one can't enfeoff oneself. Lawyer also prepared a will disposing of Mrs. and found different ways to terminate the joint tenancy. Did court avoid issues?: N/A. The court here senses there is something wrong with this picture: they know feoffment was the original way to pass title to land. and Jack C. The court ruled it was time to break out of the traditions of the old and move into a new era of concurrent interests. for lack thereof resulted in the interest changing from a joint tenancy to a tenancy in common. and (2) then convey that land in a separate document to another party? Holding: Yes. may a joint tenant unilaterally end a joint tenancy when (1) that joint tenant has died. So. At common law. people started getting cute with their land. there were four unities. Riddle's interest in the property Grant Deed and will executed 12/8/75. Dicta: Common law doctrine of this two-to-transfer comes from feoffment ceremony with livery of seisin. It also ended the testator's interest in the land. personal. as it would pass to the other joint tenant at death. her husband.

transfer felixbly. u are not going to trump that right to survisovrhip We don t see it as a title. If u have creditors and u are in a joint tenanct. what happens? She would argue public policy rational for requiring it to be put it in the land record Takeaway for Harms v. but the paper cant be found. not gonna trupm the . take out liens on your property etc. u don t overcome the rights of survivorship Would be hard to get a bank loan on a porprety that is held in joint tenancy unless both parties sign ??? . But if u use it as collaterol and u have a joint tenancy.Notes: public policy question y y y y y y y y y y y y y y y y y y y y y y y y y y y y Husband thought he was in joint tenancy At last minute right of survivorship is being pulled from under him (20 days b4 his death Let s think of it from the wife s perspectives. Why shoud she be able to redicret the land 20 days b4 she dies: She owns ½ also (or something like that) Economic efficnecies down the road? Does this have he ramifications for land down the road? YES! Competing public policy objectives: Be very weary of co-ownership real estate Families What if the lady told one person. want to be able to do any # of things: sell. and put it on paper. Sprage: U generally in your bundle of right. but as title ???? if there is money to be had in the estate of the deseased If you have your hsoue u can use as collatero. Joint tenancy rights of survisorship outlives bank being owed?? The bank does not have greater rights than the cotenant The joint tenancy is going to result in the surviving party getting the property themortgage is not treated as a lien.

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