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139. How many kinds of waste are there? A. Two.
140. Name and explain each?
A. Voluntary waste is the doing of an overt act such as tearing down a house, etc.; while permissive waste is the failure to protect the structures on land from decay or injury by the elements. This involves no voluntary act of the tenant. Tiffany, Sec. 254.
141. How can waste be prevented?
A. By applying to a court of equity for an injunction.
142. In what ways may the boundaries of lands be determined ?
A. a. By the appointment of a commission by an equity court to determine the boundary.
b. By agreement by adjoining owners.
c. By continued recognition of adjoining owners that a certain line is a boundary between their lands. Tiffany, Sec. 258.
143. At common law was the owner required to fence his land?
A. No, but he was required to restrain his cattle by fences or other means. Tiffany, Sec. 262.
144. To whom does land under navigable tide-waters belong?
A. It belongs to the State. 145. What are tidewaters?
A. Those in which the tide ordinarily ebbs and flows.
146. What is the general rule as to ownership of navigable rivers in this country?
A. The rule is that ownership rests in the State.
147. Who has title to the bed of non-navigable streams?
A. The owners of the land abutting thereon, each owns to the middle of the stream in the absence of contract or conveyance to the contrary.
148. What determines the ownership of ice?
A. The ownership of the bed of the stream on which the ice is formed. Tiffany, Sec. 270.
149. What is an estate at will ?
A. It is an estate which is determinable at the will of either party. Tiedeman, Sec. 162.
150. What is a tenant by sufferance?
A. A tenant who has lawful possession of land, with the consent of the owner and who retains his possession after his right thereto has expired. Tiedeman,
151. Explain what is meant by joint tenants ?
A. Joint-tenants are two or more persons who hold an estate jointly and who during the lives of both or all are entitled to equally share its enjoyment, but upon the death of one his share vests in the survivors and not in his heirs. When there remains but one survivor the entire estate then becomes his and at his death descends to his heirs. Tiedeman, Sec. 175.
152. What four unities of estate must exist to create joint-tenancy?
A. 1. Unity of interest; 2. Unity of time; 3. Unity of title; 4. Unity of possession. Tiedeman, Sec. 176.
153. Can corporations hold land as joint tenants ?
A. No, when corporations hold land jointly they hold it as tenants in common.
154. What is meant by tenants in common?
A. Tenants who hold an estate by several and distinct titles but by unity of possession.
155. What is an estate upon condition?
A. It is an estate whose existence depends upon the happening or not happening of some uncertain event by which the estate may be created, enlarged or defeated. Tiedeman, Sec. 200.
156. How many classes of estates upon condition are there?
157. Name them?
A. Estates upon condition expressed and estates upon condition implied.
158. What is an estate upon condition expressed?
A. It is an estate with an express qualification annexed and limited by that qualification. Tiedeman, Sec. 200.
159. What is an estate upon condition implied ?
A. It is one where the grant of the estate has a condition annexed to it inseparably from its essence and constitution, although no condition be expressed in words. Tiedeman, Sec. 200.
160. Is any particular form of expression necessary to create an estate upon condition ?
A. No, any words which show an intention to annex a condition to an estate will be sufficient. Tiedeman, Sec. 201.
161. What is a condition precedent?
A. It is one which must be performed before the estate can vest or be enlarged. Tiedeman, Sec. 202.
162. What is a condition subsequent?
A. It is a condition, the non-performance of which will defeat an estate already vested. Tiedeman, Sec.
163. What is a mortgage?
A. It is an interest in land given to secure the payment of a sum of money or its equivalent. Tiedeman, Sec. 212.
164. At common law when a mortgage was given who had actual possession of the land ?
A. The mortgagee and he held possession until the debt was paid.
165. How at the present day?
A. The mortgagor is now allowed to remain in possession until default is made.
166. Explain what is meant by the equity of redemption ?
A. The equity of redemption is the right given to the mortgagor to recover his land even after the day of payment has passed and the estate has been forfeited thereby on making payment of the debt, with interest and costs. Tiffany, Sec. 508.
167. Must a mortgage be in writing?
A. Yes, as it is an interest in land within the meaning of the Statute of Frauds. Tiffany, Sec. 510.
168. Is a sale with a clause giving the seller the right to repurchase within a given time considered a sale or a mortgage ?
A. If it is a sale in form only and really intended to