Term
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Definition
| equitable life tenant does not have right to take possession |
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Term
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Definition
greenhouses
difficult to get remedy from ameliorating waste |
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Term
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Definition
knock down mansion
can get remedy for ameliorating waste when sentimental value outweighs monetary |
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Term
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Definition
| cutting down timber=voluntary waste (with exceptions) |
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Term
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Definition
tore down castle for spite
can get injunction to stop equitable waste (dreadful) even if unimpeachable |
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Term
| Patterson v. Central Canada Loans |
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Definition
| life tenants are immune from liability for permissive waste |
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Term
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Definition
| lessees are not immune from liability for permissive waste |
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Term
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Definition
gilbert plains farmhouse, never paid taxes
life tenant owes fiduciary duty to remainder man, includes paying taxes |
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Term
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Definition
| life tenant can apply to court to sell/lease whole fee simple (money divided up accordingly) |
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Term
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Definition
rooming house in front part of property, evil woman and son, poor old man
life tenant is never automatically entitled to possession |
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Term
| Lord Kensington v. Bouverie |
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Definition
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 |
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Term
| Re Warwick's Settlement Trusts |
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Definition
castle, jointures and portions to women
LT can hold collect for over-payment if it was his intent to do so all along |
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Term
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Definition
big looms nailed into ground
degree of attachment establishes burden of proof, then objective intent- either chattel or fixture |
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Term
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Definition
tried to drag away his chicken coop
life tenants/lessees can remove trade, ornamental or domestic fixtures. NOT agricultural |
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Term
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Definition
hotel burnt to the ground, she rebuilt
remainder man is responsible for repairs- if LT exceeds duties, entitled to recoup |
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Term
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Definition
| insurance: can only recover to the extent of your own interest |
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Term
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Definition
| trustee can use income of property to pay insurance premium, life tenant can recoup from remainder man |
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