Detailed answer — what a life tenant must do in Alabama

This section explains the duties a life estate holder typically owes under Alabama law and general property-law principles. Life estates are dominion over property for the lifetime of the life tenant; when that person dies, ownership passes to the remainderman or reverts to the grantor. Because two parties have interests in the same land, courts limit what a life tenant can do to protect the future interest.

1. Duty not to commit waste

Alabama follows the traditional common-law categories of waste. A life tenant must not commit:

• Voluntary (or affirmative) waste: deliberate destruction or removal of valuable parts of the property (for example, tearing down a rental building or cutting and selling standing timber in a way that permanently reduces the value).
• Permissive waste: failure to make ordinary repairs or to pay ordinary charges so that the property deteriorates (for example, allowing a leaking roof to ruin the structure).
• Ameliorative waste: altering the property in a way that substantially and permanently changes its character or value without the remainderman’s consent (for example, converting a historic home into a commercial use when that change reduces the future interest’s value).

Remaindermen may sue a life tenant who commits waste for injunctive relief, damages, or both.

2. Ordinary repairs and maintenance

The life tenant must perform ordinary repairs and reasonable upkeep to preserve the property’s value and prevent permissive waste. “Ordinary” does not require the life tenant to make major improvements or replacements that exceed normal wear and tear. Reasonable routine maintenance items include:

• Fixing leaks, broken windows, and damaged doors;
• Maintaining heating, plumbing, and electrical systems to prevent deterioration;
• Keeping the grounds free of hazards that could cause structural damage.

If the property needs substantial rehabilitation or a capital improvement, the life tenant generally is not obligated to pay for that out of personal funds unless the life estate instrument specifically requires it.

3. Taxes, assessments, and insurance

Under common-law principles reflected in Alabama practice, the life tenant normally pays ordinary property taxes, assessments, and personal property taxes attributable to the life tenant’s use and enjoyment during the life estate. If the life tenant fails to pay taxes, the remainderman’s future interest can be endangered, and the remainderman may have to act to protect that interest (for example by paying taxes and seeking contribution).

Similarly, maintaining insurance to protect the property from loss is often prudent. If the life tenant’s failure to insure or remedy known hazards causes loss, the life tenant may be liable to the remainderman for resulting damages.

4. Receipts from the property and use of income

A life tenant generally may enjoy the rents, profits, and income produced by the property during the life estate. They may keep income to cover ordinary expenses and reasonable compensation for management. However, the life tenant should account to the remainderman if the life estate instrument or a court order requires accounting for extraordinary receipts or expenditures.

5. Leasing, altering, or selling the property

A life tenant can usually lease the property for the duration of the life estate, subject to the terms of the life estate instrument. Long-term leases that extend beyond the life tenant’s life may be subject to challenge if they materially impair the remainderman’s interest. Major alterations, demolition, or sale of the fee interest typically require the consent of the remainderman or a court order; otherwise, such acts risk a waste claim.

6. Remedies available to remaindermen or reversioners

If a life tenant commits waste or otherwise breaches duties, remaindermen can seek:

• Injunctive relief to stop ongoing waste;
• Damages to restore the property value;
• Accounting of rents, profits, and expenditures; or
• A court order requiring repairs or sale in limited circumstances.

7. Where to find Alabama law

Life-estate duties in Alabama arise from common-law waste principles supplemented by any terms in the deed or will that created the life estate. The Alabama Code collects statutory property law; for general reference see Title 35 (Property) of the Code of Alabama on the Alabama Legislature website: https://alisondb.legislature.state.al.us/ACODE/. If your situation involves taxes, local assessments, or specific statutory schemes, consult the applicable sections of the Alabama Code or an attorney for precise authority.

Important: the specific language in the deed, will, or other instrument that created the life estate can expand, limit, or shift these obligations. Always start by reading that document carefully.

Helpful Hints

• Review the instrument that created the life estate first; it may contain explicit duties or exceptions.
• Document the property’s condition now with photos and an inventory—this helps resolve future disputes about waste.
• Pay routine property taxes and keep receipts; failure to do so can lead to foreclosure or liability.
• Get remainderman consent in writing before making major alterations or long-term leases.
• Keep clear records of repairs, maintenance, and expenditures tied to the property.
• Consider liability and hazard insurance and name appropriate interested parties as insured or additional insureds when warranted.
• If a dispute arises, preserve evidence and consider mediation before litigation—courts can be costly and slow.
• Consult a lawyer experienced in Alabama property or real estate law before taking actions that could be interpreted as waste (large removals, demolitions, timber cutting, subdivision, or sale of the fee interest).