Quick summary

A life tenant holds the right to possess property for the duration of a life (usually the life tenant’s own life). That right comes with obligations — most importantly, a duty not to commit “waste.” In Massachusetts, as under general American property law, that duty means the life tenant must avoid voluntary destruction, must perform ordinary maintenance to prevent deterioration, and must not make major changes that unfairly burden the future owner (the remainderman) without consent. This article explains the practical duties, common disputes, and steps each party can take to protect their interests.

What is a life estate?

A life estate gives one person (the life tenant) the right to possess and use real property for the duration of a measuring life. When that life ends, possession passes to the remainderman or reversioner. The life tenant’s rights are strong but limited: they are entitled to possession and reasonable use, but their use cannot destroy or permanently impair the future interest.

Core duties of a life tenant under Massachusetts law

Massachusetts follows the traditional common law doctrines about life estates and waste. The main duties a life tenant should understand are:

• No voluntary (commissive) waste. The life tenant may not deliberately destroy, remove, or substantially damage the property. Examples: tearing down a house, logging valuable timber for sale, or stripping copper pipes for scrap are typically forbidden.
• No permissive waste (duty to repair and maintain). The life tenant must perform ordinary repairs and reasonable upkeep to prevent avoidable deterioration. That generally includes routine maintenance (roof repairs, heating repairs, basic plumbing, regular painting) and taking reasonable steps to protect the property from foreseeable damage. Failure to perform ordinary repairs that leads to loss can be actionable by the remainderman.
• No ameliorative waste without consent. Ameliorative waste involves alterations that increase property value but change its character (for example, converting a historic home into apartments). In many situations such changes require the remainderman’s consent.
• Financial obligations that affect the property. The life tenant commonly must pay property taxes and assessments to avoid tax liens or foreclosure that would harm the remainderman’s interest. If there is a mortgage on the property, the life tenant should ensure payments are made or the lender may foreclose. The life tenant may not, however, create encumbrances that impair the remainder without consent.
• Duty to account for profits and rents (when relevant). If the life tenant receives income from the property (for example, rents), they generally must account to the remainderman for profits beyond reasonable use/consumption. Conversely, if the remainderman uses the property during the life estate, they may need to compensate the life tenant for value consumed.

These duties come from longstanding property principles applied in Massachusetts courts rather than from a single codified statute. For general Massachusetts laws and resources, see the Massachusetts General Court’s law site: https://malegislature.gov/Laws.

Typical disputes and remedies

Common conflicts between a life tenant and remainderman include disputes over repairs, failure to pay taxes, major alterations, or removal of valuable fixtures. Typical remedies available to a remainderman in Massachusetts include:

• Injunctions — asking a court to stop the life tenant from committing waste (for example, halting demolition or removal of fixtures).
• Damages — seeking money to compensate for harm caused by waste or neglect.
• Accounting for rents and profits — if the life tenant has collected rental income unlawfully or is required to share profits.
• Payment and reimbursement actions — if the remainderman pays taxes, insurance, or performs repairs to protect the property, they may seek contribution or reimbursement from the life tenant in appropriate circumstances.

Courts balance fairness: a life tenant has a right to reasonable use and enjoyment, but they must avoid harming the remainderman’s future interest.

Practical examples (hypotheticals)

These examples illustrate how rules often play out in Massachusetts-style cases:

• Example A — Deferred maintenance: A life tenant fails to repair a leaking roof for several years. Water damage worsens the structure. The remainderman can sue for permissive waste and seek an order requiring repairs plus damages for diminished value.
• Example B — Removing fixtures: A life tenant removes built-in cabinetry and sells it. That is likely voluntary waste; the remainderman can seek damages or demand restoration.
• Example C — Major renovation that increases value: A life tenant wants to convert a single-family home into multi-unit apartments. Without the remainderman’s consent, the remainderman may object and request injunctive relief. Courts examine whether the change unreasonably alters the property’s character or harms the remainderman’s interest.
• Example D — Taxes and foreclosure risk: A life tenant does not pay property taxes, and the town threatens tax taking. The remainderman may pay the taxes to protect their future interest and later seek contribution from the life tenant.

What both parties should do now

To reduce conflict and protect both interests, follow these practical steps:

1. Document the estate: keep a copy of the instrument creating the life estate (the deed or will language) and confirm whether the life tenant’s obligations are spelled out there.
2. Maintain records: life tenants should keep receipts for repairs, property tax payments, insurance, and any rents received or expenses paid. Remaindermen should keep records of requests for repairs and any payments made to protect the property.
3. Cooperate on major decisions: get written consent from the remainderman for major alterations, or negotiate an agreement splitting costs and benefits.
4. Communicate early: raise concerns promptly and consider mediation if disputes arise before resorting to litigation.
5. Consult counsel when risk is high: tax foreclosure, proposed demolition, or significant renovations are situations where legal advice is advisable.

Helpful resources

• Massachusetts General Court — statutes and law resources: https://malegislature.gov/Laws
• Massachusetts Bar Association — help finding a lawyer: https://www.massbar.org

Disclaimer

This article explains general principles about life estates and duties to repair under Massachusetts law for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Laws change and outcomes vary based on specific facts. For advice about your situation, consult a Massachusetts attorney.