future interests

Duty to repair

Generally, refers to the duty of a life tenent to maintain property in a reasonable state of repair. There is an exception for ordinary wear and tear.  If the individual personally occupies the land, this duty is limited to the extent of the reasonable rental value of the property.  Otherwise, it is to the extent of income that is derived from the property.


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Subject to open

Also called subject to partial divestment.  An estate is given to a certain class of individuals (eg. a person's  children), one or more of whom must be already ascertained as part of the class and who has satisfied any conditions precedent to vesting. However, in order to meet the requirements for this estate, other individuals could later be added.  In other words, the class is open.


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