Life Use reservation

https://en.wikipedia.org/wiki/Life_estate

Thank you. I wasn’t sure the phrase “life use” in a warranty deed exception would constitute a life estate?

I would interpret "life use" as intending a life estate. State law might say differently, though. It's time for the people who want to sell to consult a lawyer. This really isn't a survey issue.

As far as releasing their life estate while still alive - I don't see why not. It would be no different than releasing an easement interest I think.

I read it as a life estate as well.

Persons A & B do not necessarily have to release their rights for a sale to occur. The buyer could simply continue to respect those rights.

This could be a Life Estate, or it could be something else...

In nearly every jurisdiction today, the intent to convey only a life estate must be clear to overcome the modern presumption in favor of fee simple.

From the few words you posted, it's not completely clear what the intent is, but the word "Life" generally has the appearance/gives the notion of a Life Estate, otherwise it would say something else.

I posted the Wikipedia link because it does a fair job of outlining many of the aspects and concepts of a Life Estate.

As others have suggested, you should consult an attorney in your jurisdiction.

Life Estates are (usually) extremely complicated, and are somewhat rare (by volume and by today's standards). We would need to see the verbatim language of the deed to assess the exact nature of the interest being conveyed.

Life Estates are special, and can look like an easement, but don't be fooled; they do not operate like an easement. The complexities of, and the conditions that can be imbued into a true Life Estate make them more difficult (if not impossible, at times) for the grantee to become fully vested, and then divest themself of the full interest.

Generally speaking, a "proper" Life Tenant (Life Estate holder; Person C) can NOT sell (divest), because they are not fully vested in title due to the reserved future interest. (Possibly held by A&B?)

Life Estates are often a "planning tool", set up and executed in advance, used to limit the behavior of the grantee, until such time as the measuring life expires.

A (simplified) common example of this would be a married couple (A&B) owns the land (house), and executes a deed conveying a life estate to the grantee (child, relative, church, organization, etc.). The terms and conditions of the use have been spelled out (in addition to who holds the possessory interest), and the "estate planning" is completed, but is subject to the measuring life.

Hi, also in NYS.

I believe that whenever I have seen that clause or similar, the use was further defined, and, the person was long deceased. Like it has already been said, it's probably not a survey issue.

Appreciate all the replies. The only verbage in the deed relating to the life use or estate is what I posted. This is very much a lawyer issue and I wasn’t looking to advise in any other way. Was just curious as to how vague the reservation was if anyone had seen a similar situation.

Here in NYS I run into them all the time. Life Use is a generic term for Life Estate. The most common use is for parents to sell property to their children while retaining a Life Estate to be able to stay in the property while they are fit enough to do so. Usually the language dictating the conditions of what constitutes a Life Estate is more involved, specifying certain criteria to make the determination of when it no longer exists.

Typically the holder of a Life Estate, if it still in place, executes the deed as a Grantor upon a sale but they can release those rights accordingly at any time prior by deed.