12: Life Estates and Associated Future Interests, Doctrine of Waste Flashcards
1
Q
permissive waste
A
the result of neglect, a failure to keep up the property, or a failure to reasonably protect the property
2
Q
affirmative waste (voluntary)
A
the result of overt conduct that causes a decrease in the value of the property
3
Q
ameliorative waste
A
change in physical structure by unauthorized act of tenant, hinges on consent of future interest holders even if it adds value to property
4
Q
remedies for waste
A
damages, injunction, termination
5
Q
statutes of limitation
A
commissive: starts when injury is committed
permissive: injury deemed continuous so statute does not start until the death of the life tenant
