Present Possessory Interests: Life Estate

Question 1

What is a “life estate” ?

What are the two types?

Answer 1

“life estate” = measured by the life of one or more persons

Two types:

1. for life of grantee (measured by life of grantee)
2. Life Estate for autre vie (measured by the life of another)

Question 2

What issues arise with regards to “life estate”?

Answer 2

1. what are the two types?
2. what is the language of creation? What issue arises?
3. What is the accompanying future interest?
4. What are the life tenants rights and obligations?

Question 3

What words of creation can create life estate for life of grantee?

Answer 3

“to A for life” or
A has –> life estate
Grantor has –> reversion (will automatically revert back to O or O’s heirs)

“to B, after the life of A”
A has –> life estate
B has –> remainder

In each case, A is the “life tenant”

Question 4

What is a “life estate pur autre vie” (life of another)?

In what two situations does it arise?

Answer 4

A life estate pur autre vie is a measured by a life OTHER than the grantee

1. Express language:
   - “To Madonna for the life of David Letterman”
   Madonna has –> a life estate pur autre vie (measured by life of David Letterman
   O has –> Reversion. At David Letterman’s death, it will revert back to O or O’s heirs.
2. If life tenant conveys life estate to another
   Example –> O conveys “To Madonna for life.” Madonna then sells her interest to David Letterman.
   David has –> a life estate pur autre vie (measured by life of madonna)
   O has –> Reversion. At the end of Madonna’s life, land reverts back to O or O’s heirs.

Question 5

Can life estate be defeasible?

Answer 5

yes. although it’s usually indefeasible

It can be
1. determinable
Example –> “to A for life, so long as alcohol is not used on the premises”

2. subject to a condition subsequent
3. subject to an executory interest
   Example –> “to A for life, but if A is divorced, to B”

Question 6

What issue arises with regards to language of creation of a life estate?

Answer 6

• must be measured by life of grantee or other person, NEVER by a term of years

Not good –>
-“To A for 50 years, if she lives that long”
- “To A for life, but in no event more than 10 years”
o Note: ^The above don’t create life estates, they create a leasehold interest.

Question 7

What future interests are created by a life estate?

Answer 7

If grantor –> reversion (goes back to grantor or grantor’s heirs)

if 3rd party –> remainder