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Question 1
Simon and Paula are tenants-in-common in Idolacre. One day, Paula gets annoyed at how mean Simon is and so she throws him off of Idolacre and changes the locks so that he cannot get back on to the property. What options, if any, does Simon have available to him?
Correct
Incorrect!
Correct
Incorrect!
Correct Co-tenants each have the right to possess property in a co-tenancy. Therefore, if one tenant "ousts" another co-tenant, the victim of the ouster can sue for wrongful ejectment. In addition, the tenant who committed the ouster must pay the fair market rental value for the property for the duration of time. Therefore the correct answer is C.
Incorrect! Co-tenants each have the right to possess property in a co-tenancy. Therefore, if one tenant "ousts" another co-tenant, the victim of the ouster can sue for wrongful ejectment. In addition, the tenant who committed the ouster must pay the fair market rental value for the property for the duration of time. Therefore the correct answer is C.
Correct
Incorrect!
Question 2
Simon and Paula are tenants-in-common in Idolacre. One day, Paula gets annoyed at how mean Simon is, and so she goes on vacation to Tahiti for 6 months. When she returns, she demands that Simon pay her rent for the time that he spent on the property while she was gone. Can she recover any rent money from Simon?
Correct
Incorrect!
Correct
Incorrect!
Correct The majority rule is that if one co-tenant is in exclusive possession of the property because the other co-tenant voluntarily allows him or her to possess the property alone, then the co-tenant who is in possession does not have to pay rent to the other co-tenant. However, some jurisdictions hold that in such a case, a co-tenant in exclusive possession of the co-tenancy must pay the other co-tenant his or her fair share of the reasonable rent. Thus, the answer to this question depends on whether the jurisdiction follows the majority or minority rules. Thus, the best answer is "maybe".
Incorrect! The majority rule is that if one co-tenant is in exclusive possession of the property because the other co-tenant voluntarily allows him or her to possess the property alone, then the co-tenant who is in possession does not have to pay rent to the other co-tenant. However, some jurisdictions hold that in such a case, a co-tenant in exclusive possession of the co-tenancy must pay the other co-tenant his or her fair share of the reasonable rent. Thus, the answer to this question depends on whether the jurisdiction follows the majority or minority rules. Thus, the best answer is "maybe".
Question 3
Jack and Jill own Hillacre as joint tenants. One day, Jack falls down a hill on Hillacre and he decides that it is unwise and unsafe for him to keep living on Hillacre. Thus he demands that Jill be compelled to sell Hillacre and to split the proceeds with Jack. Will he be able to get a court to force Jill to accommodate this plan?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Any tenant-in-common or joint tenant may demand at any time that the property be partitioned and split among the tenants. The preferred method of dividing the property is a partition-in-kind, which means a physical division of the property. Only if that is impractical or not in the best interest of the parties will the court order a partition and sale, which is what Jack is seeking.
Incorrect! Any tenant-in-common or joint tenant may demand at any time that the property be partitioned and split among the tenants. The preferred method of dividing the property is a partition-in-kind, which means a physical division of the property. Only if that is impractical or not in the best interest of the parties will the court order a partition and sale, which is what Jack is seeking.
Question 4
Jack and Jill own Hillacre as joint tenants. One day, Jack falls down a hill on Hillacre and he decides that it is unwise and unsafe for him to keep living on Hillacre. Thus he demands that Jill be compelled to sell Hillacre and to split the proceeds with Jack.. For this question, assume that Hillacre is comprised of a single family house and a small backyard in a neighborhood that is zoned only for single family houses. Will he be able to get a court to force Jill to accommodate this plan?
Correct In this case, it is clear that splitting the property makes no sense, because it is clearly impractical to physically split the house, when only one family could reside on the property. Therefore, the court will most likely order a partition and sale.
Incorrect! In this case, it is clear that splitting the property makes no sense, because it is clearly impractical to physically split the house, when only one family could reside on the property. Therefore, the court will most likely order a partition and sale.