Under California Civil Code §683, Alex and Brenda hold a California property as joint tenants. Alex wants to secretly convey his interest to a third party, Carlos, without telling Brenda. Under the California rule established in Riddle v. Harmon (1980), can Alex unilaterally sever the joint tenancy, and what is the effect?
Correct Answer
D) Yes, under Riddle v. Harmon, a California joint tenant may unilaterally sever the joint tenancy by conveying to a third party, which destroys the joint tenancy and creates a tenancy in common between Brenda and Carlos
Under the landmark California case Riddle v. Harmon (1980) 102 Cal.App.3d 524, a joint tenant may unilaterally sever the joint tenancy without the knowledge or consent of the other joint tenant. The California court held that a joint tenant can even convey to themselves to sever (eliminating the old common law requirement of using a 'straw man'). When Alex conveys his interest to Carlos, the unity of time and title is broken, destroying the joint tenancy and creating a tenancy in common between Brenda and Carlos. Brenda's right of survivorship is extinguished.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A planned unit development (PUD) is a zoning classification that allows mixed land uses (residential, commercial, recreational) within a single development with flexible zoning standards. Homeowners typically own their lot and share common areas.
Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.
Restrictive covenants, also known as CC&Rs (Covenants, Conditions & Restrictions), are private agreements written into deeds or HOA documents that limit how property can be used. They are enforced by property owners, not the government.
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