Prop 5

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  1. Life estate por autre vie
    Life Estate=alienable
  2. Affirmative Waste
    Affirmative actions that reduce value of property. Life Tenants not allowed
  3. Open Mines Doctrine
    already being used to collect the resources at the time the life tenant obtained the land, the life tenant can continue to collect those resources
  4. Permissive Waste
    Failure to act that decreases the value of property
  5. Ameliorative Waste Change. Trad. C/L
    Any change, even increase in value, not allowed. Trad. C/L
  6. Ameliorative Waste Modern
    Not waste if increases property value. Modern.

    what does remainder find value?
  7. Fee Simple Determinable
    1) Future interest held by transferor

    2) Durational Terms

    3) O has Possibility of Reverter (even if not stated FI is in Tr'or
  8. Fee Simple subject to Condition Subsequent
    1) Future interest held by transferor

    2) Not phrased in Durational Terms

    3) O has Right of entry
  9. Fee Simple subject to Executory Limitation
    1) Future interest held by transferee

    2) No weigh given to phrasing

    3) transferee has executory interest
  10. To Z(h) for farming
    Some courts no condition, just expression of grantor's motive.
  11. Selling/transferring Interest
    Does not change Classification.

    I.E. O has Possibility of Reverter. Sells interest to X. X has P. of R. NOT Executory Interest
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Prop 5
2015-03-05 12:45:59

Prop 5
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