James R. answered • 01/26/23
JD Graduate
Regarding land, a lifetime interest or life estate grants a person the right to occupy land for an undetermined number of years. The number of years is measured in the lifetime of another. For example, if the true owner, or grantor, grants the property to X for his lifetime, that property reverts back to the grantor, or his heirs, on the death of X. However, the grantor can also grant a life estate to X based upon the lifetime of a third party.
While X, as a grantee, reserves the right to all reasonable uses of the property, X cannot do anything that would damage the property's value. Sometimes this is referred to as waste. A grantee can be liable for three different kinds of waste: (1) voluntary or affirmative waste, (2) permissive waste, and (3) ameliorative waste.
First, affirmative waste is the wilful destruction of the property. For example, X is granted a lifetime estate to an apple orchard. During his possession of the land, X chops down all the trees. Here, X has committed affirmative or wilful waste by reducing the property's value by intentionally removing the trees that added to the value.
Next, permissive waste occurs when X is neglectful with the property. For example, if X is aware of a leak from the kitchen sink, he is responsible for preventing the spread of damage as much as possible. Here, this damage is different from affirmative waste because X's intentional actions did not result in damage to the property.
Finally, X can be liable for ameliorative waste. Here, the phrase waste is deceptive. Often, X is not guilty of any damage to the property. In fact, it is often when X makes enhancements to the property. For example, X cannot replace the laminate flooring with hardwood. While it would enhance the value of the property, a life estate holder cannot make such changes without the true owner's consent. The goal is to protect the sentimental value of the property.
