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7 Cards in this Set
- Front
- Back
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Intro |
This ceases to be recognised by s11(1) of the LCLRA and any such creation will take effect in equity only. Under Part 4 of the LCLRA the legal title will be vested in the trustees. |
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Types of Life Estates |
It is a freehold estate but not an estate of inheritance. It last only for the life of the named person. This will usually be the life of the grantee "to John for life" but may also be pur autra vie "to John for the life of Mary". Then Mary will be the cestui que vie (measuring life) |
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Words of Limitation |
It may be created inter vivos or by will. Indirect Creation; incorrect words of limitation, even nowadays "to John forever" will result in a life estate. It only applies to inter vivos conveyances of unregistered land. Direct Creation; in inter vivos "to John for life" or "to John for the life of Mary". In wills, (s94 SA) unless contrary intention is shown, he is taken to have conveyed the largest interest he owned. So if he wishes to make a life estate when he has a fee simple, he must make this clear. |
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Pre-LCLRA Rules |
The holder of life estate is known as the tenant for life. The law had to strike a balance between allowing the tenant for life maximum freedom to use his land while protects the interests of those entitled to land in the future. |
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Waste |
Means using the land in a manner detrimental to the reversioner or remainderman. He has the powers to seek an injunction preventing waste, sue for damages, or seek an order requiring the tenant to account for profits from waste. Types; -Ameliorating; waste resulting from improvements (i.e extension to house) -Permissive; allowing buildings to fall into disrepair. Hutton v Warren non-cultivation was not permissive waste. A tenant for life is not liable for permissive waste unless under obligation to prevent it Re Cartwright -Voluntary; doing what ought not to be done, e.g cutting timber (oak, ash and elm trees 20+ years old but not too old). Statutes introduced but Kirkpatrick v Naper held common law meaning of timber. According to the Timber Acts, if he planted timber and duly registered it, he was entitled to cut it down. If certain conditions fulfilled, could keep 1/4 of the profits. Can cut timber at any stage for own use. -Equitable; even if unimpeachable for waste, if he committed act "which a prudent man would not do in the management of his own property" he would be liable Turner v Wright |
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Emblements and Fixtures |
If crops are sewn but not harvested before the death of the life tenant, his representatives can enter the land and harvest them. If the tenant has built a fixture that are such a degree of annexation as to constitute real property, they will go to the remainderman at the expiry of the tenancy. |
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Estate Pur Autre Vie |
Problem when the holder pre-deceased the person who life the estate was held for. The situation used to be governed by the common law rules of occupancy. -General occupancy; "to John for the life of Mary" then the first person to enter onto the land following the death of John would hold the land for the rest of Mary's life. -Special occupancy; "to John and his heirs for the life of Mary" then the heir of John succeeded in occupancy for the life of cestui que vie. The Statute of Frauds Act 1695 allowed for the tenant to dispose of his interest by will, and by SA 1965 if he died intestate it would be disposed of the usual way. S18 of the LCLRA creates a new legal presumption that the owner of life estate who has been unheard of for 7 years is dead. If presumption is rebutted, may sue for damages. |
