Under California Civil Code §761, a life tenant's interest is classified as a freehold estate. Richard grants a life estate to his mother Betty in a California home, with the remainder to his daughter Kim. Betty, as life tenant, removes a load-bearing wall and demolishes the attached garage without consent. Under California law, the remainderman Kim's remedy for this waste is:
Correct Answer
C) Kim can bring an action for waste under California Code of Civil Procedure §732 during Betty's lifetime, seeking both an injunction to prevent further waste and damages for the diminution in value of the remainder interest
Under California Code of Civil Procedure §732, a remainderman may bring an action for waste against a life tenant during the life tenant's lifetime. California law allows the remainderman to seek both injunctive relief (to stop ongoing or threatened waste) and monetary damages for the diminution in value caused by the waste. The remainderman need not wait until the life estate ends to take legal action.
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