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This entry was published on 2014-09-22
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SECTION 803
Alterations or replacements of structures by person having estate for life or years
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 8
§ 803. Alterations or replacements of structures by person having
estate for life or years. 1. When a person having an estate for life or
for years in land proposes to make an alteration in, or a replacement of
a structure or structures located thereon, then the owner of a future
interest in such land can neither recover damages for, nor enjoin the
alteration or replacement, if the person proposing to make such
alteration or replacement complies with the requirements hereinafter
stated as to the giving of security and establishes the following facts:

a. That the proposed alteration or replacement is one which a prudent
owner of an estate in fee simple absolute in the affected land would be
likely to make in view of the conditions existing on or in the
neighborhood of the affected land; and

b. That the proposed alteration or replacement, when completed, will
not reduce the market value of the interests in such land subsequent to
the estate for life or for years; and

c. That the proposed alteration or replacement is not in violation of
the terms of any agreement or other instrument regulating the conduct of
the owner of the estate for life or for years or restricting the land in
question; and

d. That the life expectancy of the owner of the estate for life or the
unexpired term of the estate for years is not less than five years; and

e. That the person proposing to make such alteration or replacement,
not less than thirty days prior to commencement thereof, served upon
each owner of a future interest, who is in being and ascertained, a
written notice of his intention to make such alteration or replacement,
specifying the nature thereof, which notice was served personally or by
registered mail sent to the last known address of each such owner of a
future interest.

2. When the owner of a future interest in the affected land demands
security that the proposed alteration or replacement, if begun, will be
completed and that he be protected against responsibility for
expenditures incident to the making of the proposed alteration or
replacement, the court in which the action to recover damages or to
enjoin the alteration or replacement is pending, or if no such action is
pending, the supreme court, on application thereto, on such notice to
the interested parties as the court may direct, shall fix the amount and
terms of the security reasonably necessary to satisfy such demand. The
furnishing of the security so fixed shall be a condition precedent to
the making of the proposed alteration or replacement.

3. This section applies only to estates for life or for years created
on or after September 1, 1937.