§ 803 — Alterations or replacements of structures by person having estate for life or years

§ 803. Alterations or replacements of structures by person having\nestate for life or years. 1. When a person having an estate for life or\nfor years in land proposes to make an alteration in, or a replacement of\na structure or structures located thereon, then the owner of a future\ninterest in such land can neither recover damages for, nor enjoin the\nalteration or replacement, if the person proposing to make such\nalteration or replacement complies with the requirements hereinafter\nstated as to the giving of security and establishes the following facts:\n a. That the proposed alteration or replacement is one which a prudent\nowner of an estate in fee simple absolute in the affected land would be\nlikely to make in view of the conditions existing on or in the\nneighborhood of the affected land; and\n b. That the proposed alteration or replacement, when completed, will\nnot reduce the market value of the interests in such land subsequent to\nthe estate for life or for years; and\n c. That the proposed alteration or replacement is not in violation of\nthe terms of any agreement or other instrument regulating the conduct of\nthe owner of the estate for life or for years or restricting the land in\nquestion; and\n d. That the life expectancy of the owner of the estate for life or the\nunexpired term of the estate for years is not less than five years; and\n e. That the person proposing to make such alteration or replacement,\nnot less than thirty days prior to commencement thereof, served upon\neach owner of a future interest, who is in being and ascertained, a\nwritten notice of his intention to make such alteration or replacement,\nspecifying the nature thereof, which notice was served personally or by\nregistered mail sent to the last known address of each such owner of a\nfuture interest.\n 2. When the owner of a future interest in the affected land demands\nsecurity that the proposed alteration or replacement, if begun, will be\ncompleted and that he be protected against responsibility for\nexpenditures incident to the making of the proposed alteration or\nreplacement, the court in which the action to recover damages or to\nenjoin the alteration or replacement is pending, or if no such action is\npending, the supreme court, on application thereto, on such notice to\nthe interested parties as the court may direct, shall fix the amount and\nterms of the security reasonably necessary to satisfy such demand. The\nfurnishing of the security so fixed shall be a condition precedent to\nthe making of the proposed alteration or replacement.\n 3. This section applies only to estates for life or for years created\non or after September 1, 1937.\n