Property Law Q-Life Tenant's Duty to Remove Annexed Fixtures

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blong4133
Posts: 219
Joined: Mon Sep 14, 2009 12:35 pm

Property Law Q-Life Tenant's Duty to Remove Annexed Fixtures

Postby blong4133 » Thu Apr 21, 2011 10:26 pm

I have my property final tomorrow and as I'm going over my notes and the slides my professor posted, I have that a Life Tenant has a duty to remove annexed fixtures BEFORE the life estate ends. This doesn't make sense to me. Can someone please explain this or tell me if it's wrong?

It's probably not that big of a deal but I still want to know what is going on here. It doesn't make sense to me. To me, it seems that the tenant would have to remove any annexed fixture in anticipation of his death. Am I missing something here?

Thanks

random5483
Posts: 684
Joined: Sat Mar 20, 2010 8:17 pm

Re: Property Law Q-Life Tenant's Duty to Remove Annexed Fixtures

Postby random5483 » Fri Apr 22, 2011 4:27 pm

This might be too late, but I will give my two cents just in case it is not.


A life tenant does not have a duty to remove annexed fixtures. However, a life tenant has a duty to maintain the property and keep it in good shape. If the life tenant has taken any action that was not reasonable or that reduced the value of the property, the holder of the future interest can sue the life tenant's estate for compensation.

Basically, your professor probably meant that life tenants can have a duty to remove annexed fixtures. However, the duty arises from the life tenants duty to keep the property maintained and in good condition for the future interest holder.

blong4133
Posts: 219
Joined: Mon Sep 14, 2009 12:35 pm

Re: Property Law Q-Life Tenant's Duty to Remove Annexed Fixtures

Postby blong4133 » Sat Apr 23, 2011 1:08 pm

Thanks! Yeah I didn't get it until after, but there was one question about fixtures on the final and had nothing to do with that situation.

But thanks again for your reponse...Seems to me that it just goes along with the duty to not commit/permit waste. Simple enough.




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