Detailed answer — what a life tenant must do to care for the property

A life estate gives a person (the life tenant) the right to possess and use real property for the duration of that person’s life. The life tenant does not own the fee simple title; when the life tenant dies the property passes to the remainderman(s) or other succeeding interest-holder.

Under Oregon law, a life tenant has several core duties. These duties come from longstanding property law principles enforced by Oregon courts (commonly called the law of waste) and from practical obligations tied to possession and use.

1. Do not commit waste

The central legal limit on a life tenant’s conduct is the prohibition on waste. Waste means conduct that causes unreasonable harm to the value or substance of the property. Waste comes in three main forms:

• Voluntary (or affirmative) waste: deliberate acts that damage the property — for example, tearing down a sound building, removing valuable fixtures, or stripping timber for sale without permission.
• Permissive waste: allowing the property to deteriorate through neglect — for example, failing to make ordinary repairs, letting leaks destroy interior finishes, or ignoring yard/structural maintenance that a reasonable possessor would perform.
• Ameliorative waste: making changes that increase value but materially alter the character of the property in a way that the remainderman could reasonably object to — for example, demolishing a historic structure and replacing it with a modern building without consent when the change is not required for reasonable use.

Remaindermen can sue a life tenant for waste to obtain damages, an injunction to stop ongoing waste, or both. Oregon courts apply these principles when parties dispute a life tenant’s conduct.

2. Make ordinary repairs and prevent permissive waste

A life tenant must perform ordinary repairs required to keep the property in reasonable condition. Ordinary repairs do not include major improvements that would permanently change the property or excavate resources; those could be restricted without the remainderman’s consent. Typical duties include:

• Fixing roof leaks and broken windows.
• Maintaining heating, plumbing, and basic utilities where reasonable.
• Keeping the property secure and preventing vandalism or deterioration from neglect.

Failing to make ordinary repairs can expose a life tenant to a claim for permissive waste. A life tenant should document the property’s condition when taking possession and keep records of repairs and maintenance.

3. Financial obligations tied to possession

Although the life tenant does not hold full title, the life tenant is typically responsible for the ordinary costs of possession while in occupancy. These commonly include:

• Ordinary repairs and maintenance expenses.
• Routine utilities and operating costs incurred by use of the property.
• Property taxes and assessments attributable to the life tenant’s use (many jurisdictions require the life tenant to pay taxes to the extent the life tenancy produces income or occupies the premise — check with counsel about allocation rules in a specific case).
• Interest on mortgages or encumbrances where the life estate was created subject to existing debt (the parties’ deed or instrument creating the life estate may allocate mortgage payments between life tenant and remainderman).

Who pays major capital expenses (such as roof replacement or structural repairs) can depend on the nature of the expense, whether it is an ordinary repair or a capital improvement, and any agreement between the life tenant and remainderman. When in doubt, consult an attorney or ask the court to resolve disputes.

4. Improvements and alterations

A life tenant generally may make ordinary alterations necessary for comfortable use, but may not make substantial alterations that amount to ameliorative or voluntary waste without permission from the remainderman. If a life tenant plans significant improvements that will affect remainderman interests (positive or negative), the safe course is to obtain written consent from the remainderman or a court order.

5. Remedies available to remaindermen

When a life tenant breaches duties, remaindermen may seek relief in Oregon courts. Typical remedies include:

• Injunctive relief to stop ongoing waste.
• Monetary damages to restore the property or reflect loss in value.
• Accounting for rents or profits wrongfully taken by the life tenant.

6. Practical examples

Example A — Minor repairs: A life tenant replaces broken windows and fixes a leaking faucet. These are ordinary repairs and generally the life tenant’s responsibility.

Example B — Major demolition: A life tenant demolishes a historic barn to build a pool house without remainderman consent. This may be voluntary or ameliorative waste and expose the life tenant to an injunction or damages.

7. Where to look for Oregon law and further guidance

Oregon applies the common-law concepts of waste and equitable relief. For text of Oregon statutes and to search for any statutory provisions that may affect a specific life estate (tax rules, foreclosure, or county assessment rules), start at the Oregon Legislature’s statutes portal: https://www.oregonlegislature.gov/bills_laws/Pages/ors.aspx. For practical consumer-facing information (life estates, wills, and property), resources such as the Oregon State Bar’s public resources are helpful: https://www.osbar.org/public.

If there is a dispute about waste, repairs, taxes, or the scope of the life tenant’s duties, a court can provide final guidance tailored to the deed, the instrument that created the life estate, and the facts. The life estate deed or will that created the life tenancy often includes provisions that modify these default rules, so read that document carefully.

Helpful hints — practical steps for life tenants and remaindermen in Oregon

• Get the deed or instrument that created the life estate. Read any clauses that allocate repairs, taxes, insurance, and major expenses.
• Document condition at the start: take dated photos or video and keep a list of preexisting defects and appliances.
• Keep careful records and receipts for repairs, maintenance, utilities, and taxes. Good records help if a dispute arises.
• Communicate with remaindermen. Many disputes are resolved by written agreement allocating responsibilities for major repairs or improvements.
• Obtain written consent from the remainderman before making major renovations or permanent structural changes.
• Purchase adequate insurance and name the remainderman as an interested party if appropriate; check the life estate instrument for insurance obligations.
• If taxes or mortgage payments are unclear, review county tax rules and the deed language; consult a real estate attorney to avoid liens or foreclosure risks.
• If a remainderman believes waste is occurring, they can seek an injunction or monetary damages in court — document the alleged harm and preserve evidence (photos, contractor estimates, communications).
• Use the Oregon State Bar referral service or a local real estate attorney to get advice tailored to the deed and facts. The OSB site is at https://www.osbar.org.