Real Property Law Lecture Two: Concurrent Ownership, Leaseholds, and Nonpossessory Interests. (Part 2 of 3)

Law School

This lecture covers the essential aspects of real property law, focusing on concurrent ownership, leasehold estates, and non-possessory interests. It begins with an exploration of concurrent ownership types, including tenancy in common, joint tenancy, and tenancy by the entirety, along with remedies like partition. The discussion then shifts to leasehold estates, detailing various forms and their implications for landlords and tenants. Finally, the lecture delves into non-possessory interests, including easements, covenants, and licenses, providing a comprehensive overview of property rights and responsibilities.

This lecture provides an overview of various aspects of real property law, building on previous discussions of possessory estates. It first examines concurrent ownership, where multiple parties hold simultaneous interests in property, covering tenancy in common, joint tenancy, and tenancy by the entirety, and discussing remedies like partition. The text then explores leasehold estates, including estates for years, periodic tenancies, and tenancies at will, outlining the rights and duties of landlords and tenants, such as the covenant of quiet enjoyment and the implied warranty of habitability. Finally, the lecture addresses nonpossessory interests, such as easements created through different methods, real covenants, equitable servitudes, and licenses, explaining their creation and enforceability.

Takeaways

Concurrent ownership allows multiple parties to hold interests in the same property.

Tenancy in Common is the default form of concurrent ownership.

Joint Tenancy includes the right of survivorship, which can be severed.

Tenancy by the Entirety is exclusive to married couples and offers protection against individual creditors.

Partition is a remedy for co-owners to terminate co-ownership.

Leasehold estates grant exclusive possessory rights for defined periods.

An estate for years ends automatically upon expiration without notice.

Periodic tenancies require proper notice for termination.

Tenancies at will can be terminated by either party at any time.

Easements are non-possessory rights to use another's land for specific purposes.

Real Property Law, Concurrent Ownership, Leaseholds, Non-Possessory Interests, Tenancy in Common, Joint Tenancy, Tenancy by the Entirety, Leasehold Estates, Easements, Covenants