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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year 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.


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