Tenants in common subject to condition; co-tenant has POR

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laxbrah420
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Tenants in common subject to condition; co-tenant has POR

Postby laxbrah420 » Sun Apr 28, 2013 5:19 pm

O conveys blackacre to A, B and C in joint tenancy so long as it's used for residential purposes. B and C can't be found for a bit, but O and A sell their entire interest to D.
O, A, and B die

So now C and D are co-tenants, 2/3 to 1/3 shares, and D also has POR if they use the land for non-residential purposes, I think.

Sorry if this is a basic question, but how does a court treat this situation? If D starts using the land non-residentially, does C get ousted or does the condition and the POR drop out? Is C just unilaterally encumbered?



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