4.1 Freehold Estates, Joint Tenancy Severance & Landlord-Tenant

🎯 Essential Doctrinal Takeaways

• A fee simple subject to a condition subsequent requires the grantor to affirmatively exercise the right of entry to terminate title.
• An inter vivos conveyance by one joint tenant severs the joint tenancy as to that share; remaining tenants retain survivorship.
• A joint tenant cannot devise their interest by will; the right of survivorship takes effect automatically at the moment of death.
• The residential implied warranty of habitability is non-waivable; tenants may withhold rent after reasonable notice and failure to repair.

Estates in land define the duration and conditions of real property ownership. A fee simple determinable ends automatically upon the occurrence of a stated event, reverting to the grantor through a possibility of reverter. In contrast, a fee simple subject to a condition subsequent gives the grantor a right of entry (power of termination), which does not terminate title automatically until the grantor affirmatively exercises it.

Concurrent ownership includes tenancy in common, joint tenancy with right of survivorship, and tenancy by the entirety. A joint tenancy requires the four unities of time, title, interest, and possession. Any inter vivos conveyance by a joint tenant destroys the unities as to that share, severing it into a tenancy in common. However, survivorship continues between remaining joint tenants. A joint tenancy cannot be transferred or destroyed by testamentary devise in a will.

Under modern residential landlord-tenant law (Javins v. First National Realty Corp.), leases contain an implied warranty of habitability requiring the landlord to maintain safe, clean, and habitable living conditions. This warranty cannot be waived or disclaimed. If the landlord breaches after notice, the tenant may withhold rent, repair and deduct, or vacate and claim constructive eviction.

⚠️ NextGen Bar Examination Traps & Pitfalls

• Treating a fee simple subject to condition subsequent as terminating automatically like a fee simple determinable.
• Assuming a joint tenant's will defeats the right of survivorship.
• Enforcing an 'as-is' lease clause to defeat residential tenant habitability defenses.