chapter 3 waste

Question 1

what does waste mean?

Answer 1

what people do or dont do to their property during the period of ownership is what is meant by waste

Question 2

what are the 3 “common law” types of waste?

Answer 2

voluntary waste(cut down a tree, pull down garage)
permissive waste(allow property to deteriorate)
amellorating waste(improve property)

Question 3

what is the “statue law” type of waste

Answer 3

equitable waste (destruction of a main building)

Question 4

if the life estate has a clause which says either
1. without impeachement for waste
not responsible for common law
or
2. without impeachement for waste, including equitable waste
not responsible for?
what does this mean

Answer 4

the life estate person will not be sued by the remainderman or reversioner for common law classifications like permisive waste, amellorating waste, or voluntary waste

or even statute waste like knocking down a building

Question 5

ameliorating waste

Answer 5

improve property

Question 6

martha dies and leaves her residential property to her daughter nicole “as tenant for life and without impeachment for waste” and then to Victoria in fee simple. Nicole leases part of the property to Tiffany for a year. Nicole will be most likely to Victoria for which of the following actions

1. refusing to forward rent received from Tiffany to Victoria
2. Removing the Vegetables garden that victorial loved to install the swimming pool
3. painting over a mural that marth has painted on one of the interior walls of the house
4. demolishing the house after getting to fight with victoria and failing to rebuild it

Answer 6

4. demolishing the house after getting to fight with victoria and failing to rebuild it

because this one falls into the equitable category!!

tricky

note, nicole would not be obligated to pay rent to victory as she is in control of the property while being the tenant for life

Question 7

There were three categories of “waste at common law” with respect to real property. Which of the following is NOT one of those categories?

1. equitable
2. voluntary
3. permissive
4. ameliorating

Answer 7

1. equitable waste classification was created under statute law, not common law

Question 8

cornelus gave a life tenacy to Ruel which did not expressly state anything about Ruels liability for waste. Ruel will NOT be liable to the remainderman for:

1. permissive waste
2. voluntary waste
3. ameliorating waste
4. equitable waste

Answer 8

1. permissive waste

your allowed to do nothing, that is not a crime