Gerald holds a life estate in a 20-acre parcel in Fremont County, Wyoming. The remainder interest belongs to his daughter Sylvia. Without Sylvia's consent, Gerald leases the property to a neighboring rancher for 10 years. Gerald dies after 3 years. What happens to the lease under Wyoming property law?
Correct Answer
B) The lease terminates automatically upon Gerald's death because a life tenant cannot convey any interest beyond the duration of their own life.
A life estate grants ownership only for the duration of the life tenant's life (pur autre vie or for the tenant's own life). Gerald could only convey interests that were within the scope of his life estate. Because his ownership interest ceased at his death, any lease he granted — even one with a stated term extending beyond his death — terminates automatically when he dies. The life tenant cannot grant rights that outlast his own ownership interest. Sylvia takes the property free of the lease.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
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