Also known as: life tenancies · life tenant · life tenants · life estate
Written by attorneys · grounded in primary & secondary sources — see below
A possessory estate in land measured by the duration of a designated human life. The holder enjoys present use and enjoyment but may not commit waste that impairs the remainder interest.
Lillian Locke received a life tenancy in a lakeside parcel subject to a recorded declaration requiring contribution to clubhouse maintenance. When the servient owner later conveyed the fee, the new purchaser demanded payment from Lillian for her share of upkeep. The obligation attached to her possessory interest for the duration of her life tenancy.
Luis Lopez survived his spouse and received a constitutional homestead right in the family home that amounted to a life tenancy. The probate court valued that life tenancy at $40,000 and charged it against his statutory homestead allowance. The offset reduced the cash distribution Luis could claim from the remaining estate assets.
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Lola Langley conveyed Blackacre to her son Lamar Lewis for life with further language creating an estate in favor of Lamar's issue upon his death. The conveyance satisfied the requirements for creating a fee tail in the issue following the life tenancy. Lamar took possession as life tenant while his children held the future interest.
Lila Lin and her brother held Blackacre as joint tenants with right of survivorship. Lila granted a mortgage on her interest, creating a life tenancy in the mortgagee upon foreclosure. The mortgage severed the joint tenancy so that the surviving brother took only a tenancy in common with the mortgagee holding the life tenancy interest.
Laura Lewis held a life tenancy in a historic mansion and removed load-bearing walls to create artist lofts without consent of the remainderman. The remainderman sued for an injunction and damages. The court found that the structural alterations constituted waste impairing the future interest.
Legacy Motors transferred property to a trust under which the founder retained a life tenancy with remainder to his children. The IRS valued the retained life tenancy for estate-tax purposes. The court determined the actuarial value of the life tenancy based on the founder's age and applicable tables.
A life tenancy ends automatically upon the death of the measuring life while a fee simple continues indefinitely. The life tenant may not commit waste that substantially impairs the remainder interest.
A life tenant may mortgage or convey only the life tenancy interest itself. Any such transfer ends when the measuring life expires and does not bind the remainderman.
The remainderman may obtain an injunction to prevent further waste, damages measured by the diminution in value of the remainder, or in extreme cases forfeiture of the life tenancy.
An appurtenant servitude burden or benefit generally runs to a life tenant as a subsequent possessor unless the servitude terms provide otherwise.
The actuarial value of a surviving spouse's constitutional homestead life tenancy is charged against the statutory homestead allowance when the family home forms part of the decedent's estate.
…however, which make them distinguishable. Once the gift is made it is irrevocable and the donor is limited to the rights of a life tenant not an owner. Moreover, with the gift of a remainder title vests immediately in the donee and any possession is postponed until the donor’s death whereas under a will neither title nor…