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[Cottage in the Woods] When Gil's Father Died, Gil Received

Question 65

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[Cottage in the Woods] When Gil's father died, Gil received a life estate for the family's cottage in the woods. According to his father's will, upon Gil's death, the cottage is to become the property of Gil's much younger step-brother Max. Gil lived at the cottage for many years after his father's death. One day, Max went to visit Gil to check on the property that he would someday own, and noticed that the cottage was in disrepair. The roof leaked, it was infested with mice and termites, and there was water damage in the basement. Max tells Gil to fix the property, but Gil refuses saying that he can let the property deteriorate as much as he wants.
-What type of legal action, if any, can Max bring against Gil?


A) Max can bring an action for misuse of property.
B) Max can bring an action for waste, but only if he can prove Gil's failure to maintain the property was intentional.
C) Max can bring an action for negligence.
D) Max can bring an action for waste.
E) Max has no legal recourse against Gil as Max is not an owner of the property.

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