What rights does a life tenant have?

Get Legal Help Today

 Secured with SHA-256 Encryption

What rights does a life tenant have?

I purchased the family farm from my father and left him and my stepmother as lifetime estate holders. The mortgage and deed are both in my name. Now my father lives on the farm and has given my sister permission to build herself a house on it. Can he do this? If so, how much legal liability do I have for them?

Asked on April 26, 2012 under Real Estate Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A life tenant on a certain property has no right to allow a third person to build a home on the subject property unless the life tenancy deed specifically states so.

In answer to your question, since you bought the family farm giving your father and stepmother a life tenancy in it, they are allowed to live there for the balance of their lives subject to express terms in the life tenancy deed such as upkeep and payment of the property taxes.

Based upon what you have written, the life tenants have no legal right to allow your sister to build a home on your land. I suggest that you might want to consult with a real estate attorney further about this situation if your sister plans on building on your property.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption