Does a life estate to a house also include the well if it;s on a separate property?
Question Details: My mother recently passed away and left life rights of her home to her boyfriend. The well to her home happens to be on another farm that was left to her children. There is no easement to the well in any prior deed or in the Will itself, do we have to give him rights to the well?
No, it does not, since if there was easement to the well, your mother did not have any rights to a well on another's property. Since she did not have any rights--the owners of that property (her children) could have cut off her access and forced her to dig her own well on her own property--she could not give rights to the well to her boyfriend.
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