Property

Fact pattern

Blackacre is a tract of land that includes a copper mine. The owner of Blackacre, O, has operated the mine for several years. 

O learns that at the current rate of mining, all the copper will be removed within two more years. The following day, O conveys Blackacre “to A for life, then to B if B is at least 21 years of age.” At the time of the conveyance, O tells A about the dwindling copper supply. 

Upon taking possession of Blackacre, A continues to mine copper at the same rate O did. B is also aware that the copper in the mine is running out. B asks A to stop or slow the mining, but A refuses. B then demands a share of the mining proceeds. A refuses this demand, as well. 

One year after the conveyance, O dies, leaving all O’s real and personal property to C.

Two years after the conveyance, A dies, leaving all A’s real and personal property to D.  At the time of A’s death, B is 19 years old.

Questions

1. During A’s life estate, can B legally restrict A’s mining activities on Blackacre? Explain.
2. During A’s life estate, is B entitled to any of the proceeds from the mine on Blackacre? Explain.
3. Upon the death of A, what legal interests do B, C, and D, respectively, hold in Blackacre? Explain, addressing both common-law and modern approaches.