Asked by Octavio Limpias on May 07, 2024
Verified
Bess, Ray, and Irwin inherited 48 acres of land, which they own as tenants in common. If Bess decides she wants to live on a portion of the land, in order to get clear title to that portion:
A) Bess may request that the land be partitioned, which would change her, Ray's, and Irwin's undivided interests in the whole parcel into smaller, individually owned parcels.
B) Bess need only move onto the land, as she has the right to possession of the whole 48 acres.
C) Bess would need to convince Ray and Irwin to join her in selling the entire 48 acres, and she would then need to buy the portion she wishes to own separately.
D) Ray and Irwin must agree to relinquish their right of survivorship and thus destroy the present tenancy.
Tenants in Common
Tenants in common is a form of co-ownership where each owner possesses a specific fraction of the property and has the right to will their share to their heirs.
Partitioned
Divided into parts or sections, often used in the context of dividing property among owners or heirs.
Undivided Interests
A share in a property owned by two or more parties where each has an equal right to the entire property rather than a specific portion of it.
- Understand legal strategies for dispute resolution and management in property law, including partitioning and rights of survivorship.
Verified Answer
CH
Chelsea HudsonMay 10, 2024
Final Answer :
A
Explanation :
Partitioning the land changes the nature of ownership from undivided interests in the whole to individually owned parcels, allowing Bess to obtain clear title to a specific portion.
Learning Objectives
- Understand legal strategies for dispute resolution and management in property law, including partitioning and rights of survivorship.