Real Property Final - Life estates Flashcards
Brokaw v. Fairchild
knock down mansion
can get remedy for ameliorating waste when sentimental value outweighs monetary
Honeywood v. Honeywood
cutting down timber=voluntary waste (with exceptions)
Bane v. Lord Barnard
tore down castle for spite
can get injunction to stop equitable waste (dreadful) even if unimpeachable
Patterson v. Central Canada Loans
life tenants are immune from liability for permissive waste
Morris v. Cairnicross
lessees are not immune from liability for permissive waste
Re Moffat
life tenant can apply to court to sell/lease whole fee simple (money divided up accordingly)
Chupryk v. Haykowski
rooming house in front part of property, evil woman and son, poor old man
life tenant is never automatically entitled to possession
Lord Kensington v. Bouverie
LT paying more than he had to, estate tried to enforce debt
life tenants are responsible for paying interest on pre-existing mortgage but only up to the income-producing capacity of the land
Re Warwick’s Settlement Trusts
castle, jointures and portions to women
LT can hold collect for over-payment if it was his intent to do so all along
Holland v. Hodgson
big looms nailed into ground
degree of attachment establishes burden of proof, then objective intent- either chattel or fixture
Taylor v. Taylor
equitable life tenant does not have right to take possession
Meux v. Cobley
greenhouses
difficult to get remedy from ameliorating waste
Smith v. Simon
tried to drag away his chicken coop
life tenants/lessees can remove trade, ornamental or domestic fixtures. NOT agricultural
Homfray v. Homfray
hotel burnt to the ground, she rebuilt
remainder man is responsible for repairs- if LT exceeds duties, entitled to recoup
Re Bennett
insurance: can only recover to the extent of your own interest
