Adverse acquisition o where somebody is in possession

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- Adverse acquisition o Where somebody is in possession of your land for 15 years. During that 15 years, they obtain a better ‘possessory title’ which trumps your ‘documentary’ title. FEE – TAIL ESTATE – (outlawed) - An estate limited to a particular person and his/her lineal descendants o Eg. A fee-tail male estate can only be handed onto a male descendent (ie. A son)
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- This limited your ability to alienate it – you couldn’t just sell it or give it to your wife – because there was this requirement that it travel down the family. - Since 1886 : Fee-tail estates are no longer possible in Victoria – if you try and create one it will be treated as a fee-simple ( s.249 PLA) LIFE ESTATE Definition - An estate measured by the life of a person – the estate will end when that person dies. o It is uncertain in duration. Types 1. Life estate for the life of the grantee - X makes a grant “ To A for life”. 2. Life estate for the life of a person other than the grantee (life estate pur autre vie) - X makes a grant “ To A for the life of B”. 1) Life estate is something smaller than a fee-simple. X’s fee-simple springs back into existence after A dies. 2) Creation - Inter vivos – during life - Will (created for th first in a wll, provided it clearly shows the intention to do so.) Rights - Possession : for the duration of the life estate - receipt of income : eg. Rent. - Rights of disposition o Inter vivos Can assign a life estate (and thus create an estate pur autre vie ) Can also assign a life estate pur autre vie o By will/intestacy But only for a life estate pur autre vie - Must not commit waste. Doctrine of Waste: relates to both life estates and leases 1 Doctrine attempts to reconcile the interests of a life tenant (person currently in possession) with the interests of the person who will receive the property after the life estate holder (the remainderman/reversioner) Ameliorating Waste : alterations that enhances the value When life estate holder makes alterations to the property that enhances its value
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Nominal damages only awarded. However, if the life T changes the entire category of the property then substantial damages may be awarded. Permissive Waste : failure to keep the property in a satisfactory state of repair PW is a waste by omission, failure to do something that ought to have been done Life tenant is not liable unless the instrument creating the life estate expressly imposes an obligation to repair . Voluntary Waste: positive act occasioning injury to the land Life tenant is responsible unless the instrument granting the life estate expressly makes the life tenant “unimpeachable for waste”. Equitable Waste : unconscionable conduct causing harm to property Cover unconscionable conduct that causes serious and intentional harm to property . Future Interests (esp relevant to life estates) 1 2 Reversions : The estate reverts back to the grantor after life estate or leasehold ends X grants a life estate to Y. When Y dies, the estate reverts back to X 3 4 Remainders : The grant of a future interest to a person who was not previously entitled to the
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  • Fall '09
  • Law, Leasehold estate, Real property law

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