Raj owned the fee simple in a piece of land known as Blackacre, which contained a small
Question:
Raj owned the fee simple in a piece of land known as Blackacre, which contained a small shopping mall that
was included in the title of the property. Although he had no children of his own, he was especially fond of his
nephew, Ludwig, and his niece, Elise. Raj wanted to ensure that they enjoyed the benefits of Blackacre,
especially after he died. He therefore created the following arrangement: Beginning immediately, and for the
rest of Raj's life, Ludwig was entitled to enjoy a life estate in Blackacre. Upon Raj's death, Elise (who is 25 years
younger than Ludwig) would become entitled to enjoy a life estate in the property. Although all the parties
were initially happy with that arrangement, difficulties arose after the economy went into a recession and the
shops that had been operating in the shopping mall on Blackacre began leaving the premises. Within six
months, the entire mall was empty. Despite protests from Elise, Ludwig did nothing to protect the value of the
property, even though vandals were smashing windows and trespassers had begun to use the parking lot as a
garbage dump. What claims if any would Elise have against Ludwig? Would she be successful?
Managing the Law The Legal Aspects of Doing Business
ISBN: 978-0133847154
5th edition
Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer