The life interest is the minimum freehold assets known by law. This farm gives the owner the right to enjoy the land only for a lifetime, usually his own. At the end of life, the inheritance ceases to exist, so there is nothing that can be inherited by the heirs of the deceased owner. The two main types of life interest are:

(1) An interest in the life of the tenant himself; and

(2) An interest in the life of someone other than the tenant. For example, to A for the life of B, or where X, who is the owner of an interest for his own life, cedes his interest to Y: if this is done, since X cannot grant an interest greater than that he has and he is only interested in his own life, AND he can only be interested in X’s life.

The Tenant for Life in Common Law

Since a tenant for life had such a limited interest in the land of Jamaica, common law did not allow him to treat the land entirely as his own: he did not have the absolute powers of enjoyment granted to the owner of a farm in simple fee or fee tail, because it was considered that he should use the land only in a way that would not cause him any permanent damage that could affect those who were entitled to his death.

The rights and obligations of a life tenant can be summarized as follows: You can take the annual earnings, but you must not take or destroy anything that is a permanent part of your estate. You are entitled to fruits of all kinds, but you must leave the source of the fruits intact. He has certain positive rights and a negative duty prescribed by the doctrine of waste.

Emblems

The benefits derived from the land, whether continuously, periodically or occasionally, belong to the tenant for life. However, a particular danger it faces is that after the crops are planted, their tenure may end unexpectedly before they mature. In this case, you have the right to re-enter the land at harvest time and reap what you have sown. This is known as the right to emblems. This happens constantly with houses in foreclosure in Jamaica.

Waste

The tenant for life position on the downside is governed by the common law waste doctrine.

Waste in common law consists of any act or omission that alters the nature of the land and is generally considered under these two headings:

1) Voluntary waste

2) Permissive residues

Voluntary waste

It is any positive act of the tenant that alters the nature of the land. For instance:

or opening a mine

or cutting wood

or tear down or alter buildings

Technically, any alteration in the nature of the land is a waste, even if the alteration is an improvement, that is, it could increase the value. This voluntary land improvement waste is known as improvement waste and no action will be taken for your commission.

Permissive residues

It consists of an omission to do what is required to be done to keep the land in proper condition, such as not repairing a house.

Equity position on waste

It has long been the rule that any tenant who commits wanton or outrageous acts of destruction will be restrained by court order and ordered to rehabilitate the premises. Wanton acts of destruction are said to be just waste. Understanding this concept will prepare investors for houses in Kingston Jamaica for rent or sale.