What rights does a life tenant have?
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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 12 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.
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