Life Tenant Not Maintaining Property. Earned income a life tenant also has the right to rent out part or all of the property and to collect income from those rentals, but still has the responsibility of making sure the property's value remains intact. Where a life tenant is required under the terms of the will to keep the property in good repair, would this obligation extend to.
Who are the remaindermen in a life estate? If the trustee of an equitable life tenant has an active role in maintaining the property and collecting rents, the life tenant is not entitled to possession unless the instrument which creates the life tenant confers such right on that party. The general principles give the life tenant the right to peaceful possession without interference from the remainderman.
WindairUudised Windair
Unless there is something directing someone other than one to maintain the property and pay the taxes, while it is not broken until a court decides it is broken, there is an apparent breach of one's duties as a life tenant. If the trustee of an equitable life tenant has an active role in maintaining the property and collecting rents, the life tenant is not entitled to possession unless the instrument which creates the life tenant confers such right on that party. See paragraph 43 and 44. However, without an obligation to repair, the life tenant is not liable for permissive waste.
