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MMLU / A woman is the fee simple owner of a 1,000-acre tract of land. Half of the tract…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A woman is the fee simple owner of a 1,000-acre tract of land. Half of the tract is swampland totally unfit for cultivation, though it is heavily covered with valuable hardwood timber. The other half is also covered with valuable timber, but it would be land fit for the raising of crops if it were cleared of the timber. The latter section of land is more valuable for cultivation than it is for the growing of timber and has clearings where someone could build a home and live. The woman conveyed the tract to her brother for life. At the time of the conveyance, the swampland had never been used for the production of timber. The brother took possession and cleared 40 acres of the timber on the section that was suitable for cultivation. In addition, the brother cut 60 acres of timber in the swampland, thus becoming the first person to exploit this area. The brother then proceeded to clear some timber on the tract and used it in repairing fences, buildings, equipment, and the like on the property. In an action by the woman to permanently enjoin the brother from cutting any more timber on the swampland section of the tract and to account for profits received in the sale of the timber, the woman will most likely

choices

  1. succeed, because a life tenant must account for permissive waste to the reversioner or remainderman.
  2. succeed, because a life tenant may not exploit natural resources where no such prior use had been made.
  3. not succeed, because a life tenant is not liable for permissive waste.
  4. not succeed, because a life tenant has a right to make reasonable use of the land.

subject

professional_law

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Source and history

task_id
077398cb-0172-5b8d-9c16-7346b9948c9b
task_key
all--test--077398cb-0172-5b8d-9c16-7346b9948c9b
task_revision_id
1
config / split
all / test

Official source

initial import