Pg 9

Question 1

What is a springing executory interest?

Answer 1

When possession passes directly from the granter to a third-party. A future interest that causes possession of the freehold to spring out of the grantor

Question 2

“A to B for life, then 20 years after B’s death, to C.“ What kind of interest is that?

Answer 2

A springing executory interest because B has a life estate, C has a future interest, but in the 20 year period a reversion to A and his heirs happens. C’s interest is executory because it is following the fee from A that springs from the grantor to him, who is a third-party. So on vesting, it springs from the grantor or his heirs instead of someone else.

Question 3

How often does a springing executory interest happen?

Answer 3

Rarely

Question 4

What is the necessary element for a springing executory interest to happen?

Answer 4

The grantor must leave a gap after an intervening particular estate. This causes freehold possession to spring out of the grantor long after the conveyance itself is complete

Question 5

What is the rule against springing interest?

Answer 5

Possession of a freehold estate cannot spring out of the grantor as a remainder. Remainders can never spring and springing interests can never be remainders. The reasoning is that remainders have to become possessory immediately after expiration of a prior particular estate, and springing interests do not do that. So springing interests are the work-around to avoid that type of remainder

Question 6

What are the two conveyances that can create a springing executory interest?

Answer 6

• gap after particular estate

– No intervening particular estate at all

Question 7

What is an example of a springing executory interest that is created by a gap after the particular state?

Answer 7

“To L for life, then one day after her death, to E and her heirs.“

This gives L a present life estate, then the transferor gets a reversion subject to executory limitation, and E gets a springing executory interest in a fee simple absolute

Question 8

What is involved in the springing executory interest where no intervening particular estate exists at all?

Answer 8

“To E and his heirs starting two years from this date.“

Question 9

What is the law of waste?

Answer 9

Any act or omission by a tenant of land that causes lasting injury to a freehold, permanent loss, destroys or lessons the value of an inheritance, destroys the identity of property, or impairs the evidence of title.

Question 10

What kind of things can be the subject of waste?

Answer 10

Houses, gardens, orchards, woods, etc.

Question 11

Does waste apply to a free estate?

Answer 11

No, because it has the potential to last forever, so no one will own it afterwards and thus the owner can do anything he wants with the land, which includes run it down in value

Question 12

What is the only time that the law of waste applies?

Answer 12

When someone holds a life estate or a term estate, basically any limited period estate (means that someone else will take the land afterward).

Question 13

If a life tenant commits waste, who can sue?

Answer 13

The remaindermen

Question 14

What are the three types of waste?

Answer 14

Voluntary, permissive, and ameliorative

Question 15

What is involved in voluntary waste?

Answer 15

Deliberate, affirmative acts of the possessory tenant that permanently injure the inheritance. This requires a volitional act where the life tenant either intentionally or negligently damaged the property or something attached to it.

Question 16

If an act can be justified as a reasonable exercise of the life tenant’s right of enjoyment, is it considered to be waste?

Answer 16

No, even if it reduces the value

Question 17

Why can any substantial alteration on property or a structure be considered waste?

Answer 17

Because the reversioner or remaindermen are legally entitled to possession of the property in substantially the condition it was in when the fee simple was divided into successive estates. Reduction in value is not the factor in deciding if waste has occurred

Question 18

Is cutting timber to clear land for cultivation considered to be waste?

Answer 18

No

Question 19

If a mine was open on land when a tenancy began, what can the tenant do?

Answer 19

He can work the mine to exhaustion and keep all of the proceeds. But if the mine was not open when the tenancy began, any extraction is considered to be waste.

Question 20

What is the major rule for waste to occur?

Answer 20

You cannot diminish the value. If the change increases the value, and the reversioner is not injured, that’s fine

Question 21

Under the law of waste, a life tenant has a duty to not do what two things?

Answer 21

Not diminish the market value of the subsequent interests, and not change the premises in a way that the future owners would have a reasonable ground to object to

Question 22

What is an exception to voluntary waste?

Answer 22

If there has been a substantial or permanent change in the conditions of the neighbourhood that would deprive the land of reasonable productivity or usefulness, and an alteration is one that an owner in fee simple would normally make, then the tenant making the changes is either not subject to financial liability or is protected from liability

Question 23

What is the reasonableness test that applies to voluntary waste?

Answer 23

If realty is still capable of reasonable use by the owners of the future interests, and if they object to changes, that is reasonable even if the value of the realty wouldn’t be decreased

Question 24

What kind of changes can tenants for years make to property without it being considered waste?

Answer 24

Any changes that are reasonably necessary to use the property in a way that is reasonable under all the circumstances so long as they restore the property when requested and where possible to its former condition

Question 25

What is permissive waste?

Answer 25

Failure of the possessory tenant to perform an affirmative duty for the benefit of others of future interests. The life tenant fails to preserve or protect the property by exercising the ordinary care of a prudent person.

Question 26

What is the liability for trespassers under permissive waste?

Answer 26

A life tenant is not liable in waste for the acts of strangers unless he is at fault.

Question 27

If a life tenant does recover from a trespasser for damage to the property, what is he limited to?

Answer 27

The actual loss from the invasion of his rights to possession, and only the reversioner can get the injury to the future interest

Question 28

What is basically involved in permissive waste?

Answer 28

Life tenant has a duty to make repairs on the property and to pay charges like mortgages and taxes, so if he fails to do this it is permissive waste.

Question 29

Is it required that a life tenant rebuild structures that were completely dilapidated when he took possession of the property or rebuild if structures were destroyed by fire, storm, or other casualty that he wasn’t responsible for in order to avoid permissive waste?

Answer 29

No

Question 30

Is it necessary that a life tenant eliminate the results of ordinary wear and tear in order to avoid permissive waste?

Answer 30

No, unless it is necessary to prevent future deterioration. I.e.: you have to repaint the exterior of the house if it will be exposed to deterioration and keep the roof in repair, preserve land/structures in a reasonable state of repair, and pay property taxes and interest accruing on a mortgage or encumbrance that was present when the life estate was created

Question 31

If either the life tenant or the remaindermen pays an entire installment for the land, what are they entitled to?

Answer 31

Contribution from the other person.

Question 32

What do you life tenants have to pay on the property during their tenure?

Answer 32

Special assessments from the local government unit on public improvements

Question 33

If property is being neglected and the future interest holder wants to bring suit for damages, can he do this?

Answer 33

He can only sue for an injunction because he has no present interest in the property. The only way he can get the property transferred to him is if he can prove abandonment

Question 34

A life tenant is bound to keep the land and its structures in what state?

Answer 34

As good repair as they were when he took them, with an exception for ordinary wear and tear