Interests in land

Question 1

Sharing expenses between life tenant and remainder-person

Answer 1

Widow has right to use, occupy husband’s property upon his death – trustees supposed to pay for any major expenses – what does widow have to pay for? – Estate of Ryan v Boulos-Ryan 227
Life estate to widow, remainder to stepson, law of permissive waste – MacDonald Estate (Re) 227

Question 2

Creation of life estate

Answer 2

Anything remaining for a gift over? – Re Walker 228
Absolute interest or only life interest? – Re Taylor 229

Question 3

Life estate vs licence

Answer 3

“I give the use… for as long as she lives, or until re-marries, or gives written notice she no longer needs/wants it” – Re Waters 231
“shall have the right… for as long as she remains in possession” – examine the granting words – does language indicate intent of testator to create vested interest in land or mere license? – Re Powell 232

Question 4

Distinguishing defeasible vs determinable estates

Answer 4

“for so long as it is used for school purposes” – Re Tilbury West 237

“until her death or until she no longer resides therein” – she was not residing because she needed medical treatment – did interest pass which then terminated because she was absent from the premises? – Re McCologan 239