Ownership of real property - Life estates

Learning Outcomes

After reading this article, you will be able to identify and explain the legal nature of life estates in real property, distinguish life estates from other present and future interests, recognize how life estates are created and terminated, and apply the rules governing the rights, duties, and liabilities of life tenants—including the doctrine of waste—in MBE-style scenarios.

MBE Syllabus

For the MBE, you are required to understand the rules governing present possessory estates in land, including life estates. This article covers:

  • The definition and characteristics of a life estate as a present possessory interest.
  • Methods of creating and terminating life estates, including by grant, will, or operation of law.
  • The rights and duties of life tenants, especially regarding the use and maintenance of the property.
  • The doctrine of waste: voluntary, permissive, and ameliorative waste.
  • The relationship between life estates and future interests (reversion, remainder).
  • Transferability of life estates and the effect of pur autre vie estates.
  • Common exam pitfalls and distinctions from other estates.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which of the following best describes a life estate?
    1. An estate that lasts for a fixed number of years.
    2. An estate that lasts for the life of a specified person.
    3. An estate that is inheritable by the life tenant’s heirs.
    4. An estate that automatically becomes a fee simple after the life tenant’s death.
  2. A grant “to B for life, then to C” creates which future interest in C?
    1. Possibility of reverter
    2. Right of entry
    3. Contingent remainder
    4. Vested remainder
  3. Which of the following is a duty of a life tenant?
    1. To pay the principal of any mortgage on the property.
    2. To avoid committing waste that damages the property.
    3. To pay property taxes only if the property is income-producing.
    4. To insure the property for the benefit of the remainderman.
  4. If a life tenant makes substantial improvements that increase the property’s value, this is:
    1. Voluntary waste
    2. Permissive waste
    3. Ameliorative waste
    4. Not waste

Introduction

A life estate is a present possessory interest in real property that endures for the duration of a specified person’s life. Life estates are a foundational topic in real property law and are frequently tested on the MBE. Understanding how life estates are created, the rights and obligations of life tenants, and the doctrine of waste is essential for answering MBE questions accurately.

Key Term: Life Estate A present possessory estate in land that lasts for the life of a specified person (the measuring life), after which the property passes to another or reverts to the grantor.

Creation of Life Estates

A life estate is most commonly created by express grant, such as “to A for life,” or by will. The measuring life is usually the life tenant’s own life, but it can be the life of another (“pur autre vie”). If the grant is ambiguous, courts presume a fee simple unless clear life estate language is used.

Key Term: Life Estate Pur Autre Vie A life estate measured by the life of someone other than the life tenant. The estate ends when the measuring life dies, regardless of who holds the life estate at that time.

Future Interests Following Life Estates

When a life estate ends, the property either reverts to the grantor (a reversion) or passes to a third party (a remainder).

Key Term: Reversion A future interest retained by the grantor when a lesser estate, such as a life estate, is conveyed and no other party is named to take possession after its termination.

Key Term: Remainder A future interest created in a transferee (other than the grantor) that becomes possessory upon the natural expiration of the preceding estate, such as a life estate.

Transferability and Termination

A life tenant may transfer their interest, but the transferee’s rights last only as long as the measuring life. Upon the death of the measuring life, the life estate terminates automatically. A life estate cannot be devised by will or inherited by the life tenant’s heirs.

Rights and Duties of the Life Tenant

Life tenants have the right to possess and use the property, collect rents, and receive profits. However, they must not commit waste and are responsible for certain expenses.

The Doctrine of Waste

The doctrine of waste restricts the life tenant’s use of the property to protect the interests of future holders.

Key Term: Waste Any act or omission by the life tenant that damages or fails to preserve the property, affecting the rights of future interest holders.

Key Term: Voluntary Waste Affirmative acts by the life tenant that intentionally or negligently damage or deplete the property (e.g., removing timber or minerals).

Key Term: Permissive Waste Failure of the life tenant to maintain the property or pay necessary expenses, resulting in deterioration.

Key Term: Ameliorative Waste Substantial changes made by the life tenant that alter the property’s character, even if they increase its value.

Responsibilities of the Life Tenant

  • Pay ordinary property taxes and interest on any mortgage (up to the income or reasonable rental value of the property).
  • Make reasonable repairs to prevent decay.
  • Avoid committing voluntary or ameliorative waste.
  • Not required to insure the property for the benefit of future interest holders.

Worked Example 1.1

O conveys Blackacre “to A for life, then to B.” A sells her life estate to C. Who owns Blackacre after A dies?

Answer: When A dies, the life estate ends, even though C holds it at the time. B’s remainder becomes possessory. C’s interest is extinguished upon A’s death because a life estate cannot last longer than the measuring life.

Worked Example 1.2

Grantor conveys land “to D for the life of E, then to F.” D transfers her interest to G. E dies. Who is entitled to possession?

Answer: The life estate pur autre vie ends at E’s death, regardless of who holds it. F’s remainder becomes possessory. G’s interest is extinguished upon E’s death.

Worked Example 1.3

A life tenant, L, fails to pay property taxes, and the property is sold at a tax sale. The remainderman, R, pays the taxes to prevent the sale. What remedy does R have?

Answer: R may recover the amount paid from L or place a lien on the property for reimbursement. The life tenant is responsible for ordinary taxes up to the income or rental value of the property.

Exam Warning

Life tenants sometimes believe they can devise their interest by will or that their heirs will inherit the property. On the MBE, remember: a life estate always ends at the death of the measuring life, regardless of who holds it at that time.

Revision Tip

On MBE questions, always identify the measuring life and determine what happens when that person dies. Check for waste issues if the fact pattern involves property damage, improvements, or failure to pay expenses.

Key Point Checklist

This article has covered the following key knowledge points:

  • A life estate is a present possessory interest lasting for the life of a specified person.
  • Life estates can be created by express grant, will, or operation of law.
  • Upon the measuring life’s death, the property passes to a remainderman or reverts to the grantor.
  • Life tenants may transfer their interest, but it always ends with the measuring life’s death.
  • Life tenants must not commit voluntary, permissive, or ameliorative waste.
  • Life tenants are responsible for ordinary taxes, interest on mortgages, and reasonable repairs (up to income or rental value).
  • Life estates pur autre vie are measured by the life of another and end at that person’s death.
  • Life estates cannot be devised by will or inherited by the life tenant’s heirs.

Key Terms and Concepts

  • Life Estate
  • Life Estate Pur Autre Vie
  • Reversion
  • Remainder
  • Waste
  • Voluntary Waste
  • Permissive Waste
  • Ameliorative Waste
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