Module 3: Real Property Doctrine of Waste Estate Flashcards

Module 3: Real Property [Doctrine of Waste & Estate] Flashcards

What is the Doctrine of Waste?This deals with the upkeep or lack thereof by the tenant-for-life/lessee and the extent to which the property has been altered.What is the Doctrine of Estates?This is the division of land by time, to have multiple people have interest in one piece of land.What are some features of Life Estate? They do not get to use all the benefits of the property like: demolishing the house, exploiting its minerals or selling the topsoil. The land can be sold but interest is only held for the duration of their life.Define 'Voluntary' waste.This is any structural change made deliberately which intentionally or negligently causes harm to the estate or its resources, usually falling short of wanton destruction.Define 'ameliorating' waste.This is any act that improves the estate or changes the character so that it improves or adds value thereto.What case is associated with 'Voluntary' waste? [HONEYWOOD V HONEYWOOD]Facts Life tenants cannot cut timber. If its for the commercial operation of the property, it will be permitted.Outline the features of 'Ameliorating' waste. Highly unlikely for a grant to be given for damages in these cases. In some cases, they may have to give monetary compensation to the land lord for changing the character of the property.What cases are associated with 'Permissive' waste.[POWYS v BLAGRAVE][PATTERSON V CENTRAL CANADA LOAN CO.] Life tenants were not liable.Define 'waste'.Any act that alters the nature of the land and this change need not be determined in order to be considered waste.Can be committed positively but also through omission.Define 'Leasehold' Estate.The right to possession for a definite period of time.Define 'timber'.This is oak, elm, ash, or any tree over 20 years old; or any tree that the locality deems as timber (lignum vitae, mahoghany) What are the two forms of waste?Timber & Non-Timber Under what circumstances is a life tenant liable for Equitable waste?Only where there is document to say that they are not to be held liable for that specific type of waste.What are the four different types of waste? Ameliorating, Voluntary, Permissive and Equittable.What are some of the features of 'Fee Simple' or 'Freehold' Estate.This is absolute ownership. The remainder man can enforce the Doctrine of Waste, but has to right to the land until the life tenant dies.Define 'Life' Estate.This is where one gets to enjoy use of the land for the duration of his life.

Define 'Permissive' waste.This is failure to maintain, whether physically or financially what ought to be, causing the property to fall into disrepair or deteriorate.Explain a life tenants responsibility in regards to 'timber'.A life tenant can cut any tree 'timber or non-timber' at any time and keep all the proceeds as long as they don't commit equitable waste.They can cute any young tree if it is for the development of other trees.Cut any dead tree if it is used for burning fuel, fence repair.List the Equittable Waste Remedies.1. Monetary Damages (compensation)2. Injunction3.Specific Performance (restoration to original condition)4.Accelerate passage of the title to the landlord or remainder man.Define 'Fee Simple' Estate.Also known as Freehold Estate, is the right of the grantee to hold and enjoy the land for the duration of his life and pass it onto his heirs.What is the object of the Doctrine of Waste? To reserve the land for the benefit of the remainder man or reversioner.Which case is associated with 'Equitable' waste? [VANE v LORD BARNARD]Facts the son and defendant did not get along defendant made himself the life tenant and his son the remainder man. after a falling out, he stripped the castle of all stairs, glass, iron and joists. an injunction was issued.In terms of 'Voluntary' waste, will a life tenant be held liable?A life tenant is liable unless the grant expressly prhobits responsibility.In terms of 'Permissive' waste, how will a life tenant be held liable.They will only be held liable to repay if there was a specific obligation to repair in the grant.State the four (4) principal estates.1. Fee Simple/Freehold Estate2. Leasehold Estate3. Life Estate4. Equitable Interest.What case is associated with 'Ameliorating Waste'?[DOHERTY V ALLMAN]Facts conversion of dilapidated store buildings into dwelling houses.Define 'Equittable' waste.These are acts of malicious or unjustifiable destruction of property, seen as wanton destruction.What are some features of 'Leasehold' Estate. Determined by contract which gives lessee exclusive possession. Normally requires considerations, usually in the form of rent.