Also known as: life tenants · life-tenant · life-tenants · tenant for life
Written by attorneys · grounded in primary & secondary sources — see below
A person entitled to possession and beneficial use of property for the duration of their own life or the life of another. The holder must preserve the property and may not commit waste that impairs the interests of remaindermen or other future interest holders.
Luis Lopez receives a life estate in a lakeside parcel subject to a recorded declaration requiring upkeep of a shared recreational lake. When the servient estate passes into his possession, the maintenance obligation attaches directly to him as the current holder. The remainderman later enforces the covenant against Luis for failure to maintain the lake level.
Luna Lang receives a conveyance stating a life estate in Blackacre followed by language creating an estate in her issue upon her death. Her daughter later claims the land as the designated issue. The language creates the estate in the daughter as issue of the life tenant.
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Laura Lewis holds a life estate in a commercial building subject to an affirmative covenant requiring periodic facade repairs. The covenant burden does not automatically attach to her because the instrument specifies no extension to life tenants. The remainderman must seek enforcement through other available mechanisms.
Lily Lopez executes a deed conveying a painting to her son but reserves a life estate for herself. Title to the remainder vests immediately in the son while Lily retains possession and use during her lifetime. Upon her death the son takes full ownership without further conveyance.
Lucas Lee holds a life estate in farmland while his grandchildren hold contingent remainders. The property deteriorates and produces insufficient income for his support. A court considers whether sale of the fee is necessary for the best interests of both the life tenant and the remaindermen.
Lila Lin inherits highly fractionated interests in allotted Indian land held in trust. The interests include life estates that pass by descent upon the death of each successive holder. Federal restrictions on devise prevent the interests from passing outside the family line without approval.
A life tenant takes the property subject to appurtenant servitudes that run with the land. The burden attaches unless the creating instrument or applicable subsections expressly limit its reach to life tenants.
A life tenant must avoid waste and preserve the property in its condition at the start of the estate. Failure to maintain structures or allowing deterioration that reduces value gives remaindermen a claim for damages or injunctive relief.
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A life tenant may lease the property but the lease terminates upon the life tenant's death unless remaindermen consent. Any extension beyond the life estate requires agreement from those holding future interests.
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An adverse possessor can divest only the life tenant's interest. The statute of limitations does not run against remaindermen until their interest becomes possessory upon the life tenant's death.
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…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…