Does a life estate to a house also include the well if its on a separate property.

UPDATED: Oct 2, 2022

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Does a life estate to a house also include the well if its on a separate property.

My mother recently passed away and left life
rights of her home to her boyfriend. The well to
her home happens to be on another farm that
was left to her children. There is no easement
to the well in any prior deed or in the will itself.
Do we have to give him rights to the well?

Asked on October 26, 2019 under Estate Planning, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it does not, since if there was easement to the well, your mother did not have any rights to a well on another's property. Since she did not have any rights--the owners of that property (her children) could have cut off her access and forced her to dig her own well on her own property--she could not give rights to the well to her boyfriend.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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