Concurrent Ownership
The key characteristic of concurrent ownership or cotenancy is that each co-owner or cotenant has the right to use and possess the __ property.
Entire
The two systems of marital property
Community and separate property
True or false An owner-occupied duplex is exempt from the anti-discrimination provisions of the
Fair Housing Act
True
This is the only type of easement that is not imposed as a matter of law and is made with the owners permission
Express easement
The plaintiff in a ___ case must establish that the defendant’s conduct resulted in an intentional, nontrespassory, unreasonable, and substantial interference with the use and enjoyment of the plaintiff’s land.
Private Nuisance
Because of the right of survivorship, a __
interest is neither devisable nor descendible
Joint tenancy
In a community marital system Assets acquired before marriage = __.
Separate property
A ___ is thus a living unit designed or intended for occupancy by a family, meaning that it ordinarily has the elements generally associated with a family residence: sleeping spaces, bathroom and kitchen facilities, and common areas, such as living rooms, dens
and hallways
Dwelling
1) A road leading to a garage or front door
2) A path leading to a family cemetery on the land
3) The discharge of drainage water.
4) Cable television lines
5) Utility company power and plumbing lines
Are all examples of this easement
Easement by prior existing use
This test says An ordinance will be unconstitutional only if its provisions are “clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfar
Euclid
If one joint tenant transfers her interest, the joint tenancy is severed. The transfer breaks the unities of time and title; the right of survivorship is destroyed; and the grantee becomes a _____ with the other concurrent owners
Tenant in common
In a community marital system All earnings during the marriage—and all assets acquired from those earnings—are owned by ____.
Both spouses equally
__ exemption for the fair housing act applies IF the
owner is an individual who:
1) owns no more than 3 such units at one
time,
2) does not discriminatorily advertise it
and
3) does not use a broker.
Single-family
The amount of years of adverse use needed for a prescriptive easement
10
Zoning ordinances typically restrict the nonconforming use in order to hasten its demise. Generally, a nonconforming use cannot be expanded but it can __ so long as it was being done before the ordinance
Intensify
A __ judgment ends the cotenancy and distributes its assets.
Partition
At death in a separate marital community, most states offer the surviving spouse a __ share (or elective share) of the decedent’s estate. This means that the survivor has a choice: (a) take under the decedent’s will or (b) receive a defined portion of the decedent’s estate, usually a 1/3 or 1/2 share.
Forced
This two word phrase means A tenant has a duty to inspect the premises. It also is known as buyer beware
Caveat Emptor
The traditional remedy for an equitable servitude
Injunction
Holmes stressed that “one fact for consideration in
determining whether the limits of the police power have been exceeded” was “the extent of the resulting ____.”
• This approach—often called the ___ test considers the financial impact of the regulation on the value of the property.
• In Holmes’ view, the law took 100% of the value of the support estate. The dissent disagreed.
• An exam question will leave it up to you to decide
diminution-in-value
This seems important since her slide says an exam question will leave it up to you to decide
The cotenant who pays more than his share can recover the excess by:
• (1) bringing a ____ action against the other cotenants or
• (2) receiving credit in an accounting or partition action.
15
Contribution
In a separate marital comminuty The “property” subject to ____ is usually defined as any property acquired with the earnings of either spouse during the marriage.
Equitable distribution
JMB properties v. Paolucci says constructive eviction does not apply if a tenant does not do this
Vacate in a reasonable amount of time
In an equitable servitude the covenant must be in writing or implied from a ___.
Common plan
In the __ rule when looking at economic impact the court suggests that diminution in property value caused by a land use regulation that is “reasonably related to the promotion of the general welfare” is not a taking
Penn central rule