Real Property: The Present Estates: Life Estate
- Creation: “To A for life”
- Must be measured in explicit lifetime terms
- Never in terms of years
- Per Autre Vie – “To A for the life of B”
- Life estate measured by a life other than the grantees
- Distinguishing characteristics:
- Life tenant entitled to all ordinary uses and profits from the land
- Must not commit waste.
- Voluntary or affirmative waste – actual overt conduct that causes a decrease in value of natural resources: PURGE
- PU = Prior use – if prior to grant, the land was used for exploitation, life tenant may continue to exploit, unless otherwise agreed. (Open mines doctrine)
- R = Reasonable repairs – may consume natural resources for reasonable repairs and maintenance of premises
- G = Grant – may exploit if expressly granted right
- E = Exploitation – land only suitable for exploitation.
- Permissive waste, or neglect
- Land falls into disrepair, or
- Life tenant fails to reasonably protect land
- Obligation to repair:
- Life tenant must maintain in reasonable good repair
- Life tenant must pay all ordinary taxes on the land
- Ameliorative waste: life tenant must not engage in acts that will enhance the property’s value, unless, all of the future interest holders are known and consent.
- Future interest:
- Grantor – reversion
- Third party - remainder