Detailed Answer

What a life tenant must do: Under Vermont law, a life tenant (someone who holds property for the duration of a person’s life) must preserve the property’s value for the future owners (remaindermen). That means the life tenant must not commit “waste” and generally must perform ordinary maintenance and pay ongoing charges that protect the estate. The exact duties depend on the deed, will, or other instrument that created the life estate, and on Vermont common-law principles governing waste.

Basic duties explained

• Avoid voluntary (affirmative) waste: The life tenant may not do anything that intentionally or negligently destroys, sells off, or substantially harms the property (for example, tearing down the house, removing structural elements, or permanently removing valuable timber) unless the instrument creating the life estate allows it.
• Prevent permissive waste (maintain the property): The life tenant must make ordinary repairs and take reasonable measures to keep the property from deteriorating. This normally includes routine upkeep, minor repairs, utilities, and commonly recurring expenses. Failure to maintain the property (for example, letting the roof collapse) can amount to waste.
• Avoid ameliorative waste: The life tenant should not make changes that substantially alter the character or use of the property (for example, converting a historic home into a commercial use) unless the remaindermen consent or the change is permitted by the grant instrument. Some improvements that increase value may still be restricted if they alter the property materially.
• Pay taxes, ordinary expenses, and interest: Unless the deed or will states otherwise, the life tenant typically must pay property taxes, insurance premiums, and the interest on any encumbrance that existed before the life estate if failure to pay would risk loss of the property. Major principal payments on a mortgage are usually not the life tenant’s responsibility unless the life estate document says so.
• Collecting rents and profits: If the life tenant rents the land or collects income from it, the life tenant normally must account for net income to the remainderman, subject to reasonable deductions for maintenance and necessary expenses. The precise accounting rules can vary and may be set by agreement or court order.

How Vermont law fits in

Vermont follows the traditional common-law rules about life estates and waste. Those rules are often applied by Vermont courts when parties dispute a life tenant’s conduct. The specific document (deed, will, trust) that creates the life estate can expand or limit the life tenant’s duties. To review Vermont statutory material and related archived legislative language, you can search the Vermont Legislature’s site: https://legislature.vermont.gov/search?search=waste and https://legislature.vermont.gov/search?search=life%20estate.

Common factual scenarios

• Life tenant lives in the house: The life tenant must keep the house in habitable condition and make ordinary repairs. If the roof needs replacement, the life tenant should arrange for it; if the roof replacement is a major capital expense and the life tenant cannot afford it, the remainderman may be able to seek a court order or contribute toward the repair to prevent loss of the estate.
• Life tenant rents the property: The life tenant may collect rent but must use income reasonably for upkeep and must account for profits to remaindermen, depending on the instrument and any court rulings.
• Cutting timber or removing minerals: Large, permanent removal of natural resources often constitutes waste unless expressly allowed by the life estate instrument. Timber sales, major excavation, or strip-mining are typically prohibited without consent.
• Making major renovations: Major alterations that change the property’s character can be ameliorative waste. The life tenant should obtain consent from remaindermen before making big changes.

Remedies available to remaindermen in Vermont

If a remainderman believes a life tenant has committed waste or failed to maintain the property, possible remedies include:

• Seeking an injunction to stop continued destructive acts.
• Filing for damages for loss in value caused by waste.
• Asking a court to order repairs or to authorize the sale of the property to preserve value.
• Pursuing an accounting of rents and profits collected by the life tenant.

Because remedies and procedures are fact-specific, someone concerned about waste or a life tenant’s obligations should consider consulting a Vermont attorney for precise guidance.

Practical next steps for life tenants and remaindermen

1. Carefully read the deed, will, or trust that creates the life estate; it may change who pays for what.
2. Document the property’s condition when the life estate begins (photos, inspection reports).
3. Keep receipts and records for repairs, taxes, insurance, and rent received.
4. Communicate in writing with remaindermen about planned major repairs or alterations; get written consent when possible.
5. If disputes arise, consider mediation before litigation to save time and money.

Disclaimer

This article explains general principles and common practices under Vermont property law, including the common-law doctrine of waste. It is educational only and not legal advice. For advice about a specific situation, consult a licensed Vermont attorney.

Helpful Hints

• Check the instrument that created the life estate first — it often controls the duties and rights.
• Life tenants normally handle routine repairs and recurring expenses; remaindermen usually bear major capital costs unless the instrument says otherwise.
• Document everything: photographs, inspection reports, estimates, receipts, and written communications.
• Before making big changes (remodeling, removing trees, starting excavation), get written consent from the remainderman or a court order.
• If you are a life tenant with limited funds, notify remaindermen about needed major repairs — they may agree to contribute or pursue court relief together.
• Remaindermen worried about waste can ask a court for an injunction or an accounting; act quickly to limit damage to the estate.
• Search Vermont statutes and related guidance at the Vermont Legislature site: https://legislature.vermont.gov/.
• If you need help finding a Vermont attorney, contact the Vermont Bar Association or use local lawyer referral services to get a consultation.