Detailed Answer: What a person who holds a life estate must do to care for the property

A life estate gives a person (the life tenant) the right to possess and use real property during the life tenant’s life. In New Hampshire, as under general common-law property principles, a life tenant must preserve the property for the future interest holder (the remainderman or reversioner). The life tenant’s duties focus on preventing three kinds of waste: voluntary (or affirmative) waste, permissive waste, and ameliorative waste. These doctrines govern repairs, taxes, insurance, and changes to the property.

1. Preventing voluntary (affirmative) waste

Voluntary waste is the life tenant’s intentional act that substantially damages, destroys, or removes valuable parts of the property (for example, tearing down a livable house or removing valuable fixtures for sale). A life tenant may not commit voluntary waste. If the life tenant removes major structural elements or valuable materials from the property for personal gain, the remainderman can seek an injunction and damages.

2. Preventing permissive waste (basic maintenance obligations)

Permissive waste arises from neglect. A life tenant generally must take ordinary steps to maintain the property so it does not fall into disrepair. Typical obligations include:

• Performing ordinary, routine repairs necessary to keep the property in a reasonable state of repair (e.g., fixing a leaking roof promptly).
• Paying property taxes and assessments attributable to the life tenant’s use and possession.
• Keeping insurance in force if required by mortgage or if needed to protect the value of the property.
• Paying utility bills and ordinary maintenance costs during the period of possession.

Permissive waste does not usually require a life tenant to make major repairs or capital improvements (e.g., replacing a failing foundation) unless those obligations were specifically allocated to the life tenant by agreement or local statute.

3. Preventing ameliorative waste (major changes that alter character)

Ameliorative waste occurs when the life tenant makes substantial alterations that change the character or value of the property (for example, converting a historic single-family home into a retail store) without the remainderman’s consent. Even if the change increases property value, the remainderman may have a claim if the change is inconsistent with the interests of future owners.

4. Income and expenses during the life tenancy

If the property produces income (such as rent from tenants), the life tenant is typically entitled to that income during the life tenancy but may be required to account for profits and apply income to ordinary upkeep if a court orders it. Conversely, if there is a mortgage or other encumbrance, the life tenant generally should pay interest or mortgage payments to avoid foreclosure—but obligations can vary depending on the mortgage terms and local law.

5. Remedies available to the remainderman or reversioner

If a life tenant wastes the property, the future interest holder can:

• Seek an injunction to stop ongoing waste.
• Request damages to restore the property to its prior condition or recover diminution in value.
• Ask a court for an accounting of rents or profits wrongfully taken.

6. What the law in New Hampshire says

New Hampshire follows these traditional common-law principles of waste and life tenancy. For authoritative statutory text or specific procedural rules, you can search the New Hampshire Revised Statutes and related resources maintained by the New Hampshire General Court: https://www.gencourt.state.nh.us/rsa/html/indexes/. Courts in New Hampshire will apply the general waste doctrines and equity principles when life-tenancy disputes arise.

7. Practical examples (hypothetical)

• Example — Permissive waste: A life tenant ignores a severe roof leak for years, causing interior rot and mold. The remainderman can seek court relief because the life tenant failed to perform ordinary repairs.
• Example — Voluntary waste: A life tenant removes original hardwood floors and sells them. The remainderman may obtain damages for the loss and an injunction to prevent further removals.
• Example — Ameliorative waste: A life tenant converts a family home into a commercial operation without consent. Even if profitable, the remainderman may sue to reverse the change or recover damages if the alteration harms the future interest.

8. When the life tenant can make changes

A life tenant may make ordinary repairs and changes consistent with continued residential use. For major structural changes, conversions, or demolitions, the life tenant should seek the remainderman’s written consent or a court order. Written agreements between the life tenant and remainderman (or a court-approved plan) avoid disputes and reduce the risk of later litigation.

Helpful Hints

• Document the property’s condition when the life tenancy begins: photos, inventories of fixtures, and written descriptions help resolve later disputes.
• Keep records of repairs, receipts, and payments (taxes, insurance, utilities). Clear records protect both life tenant and remainderman.
• Communicate early with the remainderman about needed repairs or proposed improvements and seek written agreements whenever possible.
• If a mortgage exists, check the loan documents—mortgage terms may require payment of interest or principal to avoid foreclosure.
• Before undertaking major alterations (demolition, new construction, change of use), get legal advice and consider obtaining the remainderman’s consent or a court order.
• If you suspect waste by the life tenant (or if you are a life tenant unsure of your duties), consult a New Hampshire attorney experienced in real property or estate matters; courts will apply equitable remedies in New Hampshire when waste occurs.
• Use the New Hampshire Revised Statutes site to locate statutes that may affect property rights and procedures: https://www.gencourt.state.nh.us/rsa/html/indexes/.

If you need assistance finding a local attorney who handles life-estate, property, or estate disputes, look for lawyers with experience in New Hampshire real property and probate matters. Early legal advice can prevent waste and protect the property for everyone’s interest.