Property

Question 1

liability of sublessee to landlord

Answer 1

a sublessee is not personally liable to the landlord for rent or for the performance of any other covenants made by the original lessee in the main lease (unless the covenants are expressly assumed) because the sublessee does not hold the tenant’s full estate in the land (so no privity of estate)

Question 2

requirements for covenant to run with land

Answer 2

1. intent of parties for covenant to reun with land
2. original parties in horizontal privity
3. succeeding party in vertical privity with original promisor
4. covenant touches and concerns land
5. burdened party must have actual or constructive notice of covenant

Question 3

doctrine of waste in life estates

Answer 3

a life tenant is entitled to all ordinary uses and profits of the land, but he cannot lawfully do any act that would injure the interests of the remainderman.

Even ameliorative waste, which actually increases the value of the land, is actionable if there is no reasonable justification for the change.

Exception: A life tenant can substantially alter or even demolish existing buildings if (i) the market value of the future interests is not diminished and either (ii) the remainderman does not object, OR (iii) a substantial and permanent change in the neighborhood conditions has deprived the property in its current form of reasonable productivity or usefulness