waste

Question 1

waste doctrine

Answer 1

Forbids the life tenant from altering the property in a way that reduces its value as a whole.

Question 2

Voluntary / Affirmative Waste:

Answer 2

Arises from voluntary acts liability results from injurious acts that have more than trivial effects. Generally, “injurious” has meant acts that substantially
reduce the value of the property in question.

natural resources allowed for repairs

Question 3

Involuntary / Permissive Waste:

Answer 3

Arises from a failure to act.

Involuntary waste may also occur if the life tenant fails to pay mortgage interest
payments, taxes,

(1) Rents and
profits derived from the third persons, or (2) The reasonable rental value of the property
if the life tenant remains in possession.

Question 4

Ameliorative Waste:

Answer 4

Arises from substantial changes to the property by a tenant that increase rather than decrease the market value of the land.

theory that the fee holder was entitled to take possession of
the land in substantially the same condition as it was when first transferred to the tenant.

many courts reject