California Surveyors Forums

Is there any difference between a Life Estate and "the right to reside in the residence located on the property for her natural life"? I have a Grant Deed with that exact wording in it under grantee along with the grantee who bought the parent property.
We are doing an electrical easement across the parent parcel which is the only description of the property (no meets and bounds description for the "right to reside" property). The assessor shows a half-an-acre parcel around the existing house (the State of California permits assessment of half-an-acre for Life Estates with no description). The easement happens to go thru where the assessor shows the "right to reside" property. The electric company wants the "right to reside" person to sign a separate Easement Deed. At first, the electric company wanted an exhibit that shows her "right to reside" property with the easement going thru it and a legal description of that portion of her "right to reside" property affected by the easement. The electric company and I have since agreed to have her sign a duplicate original of the easement deed that is the parent parcel and does not show her "right to reside" property. The owner of the parent parcel is not sure if he is going to get her to sign it, and he thinks she shouldn't have to, because it is a "right to reside" and not a true Life Estate.
Any comments would be appreciated.

It reads like a long way of saying "Life Estate" to me, but I haven't looked up the exact definition of Life Estate, which may include a more complete set of rights beyond residing.

The "right to reside" is arguably a license for the person and that person alone. A Life Estate is an interest in the property as long as the individual is alive and does not require that the live on the property.

A license is to the individual and would not be salable. The Life Estate is actually salable.

If her enjoyment of the property is at odds with the use of the easement, I'd have her sign the document allowing join use of the "right to reside" parcel.

Just my take and I'm not an attorney.

Scott,
can a title company help you locate some supportive documentation which describes her right of enjoyment regarding this "right to reside" .

I agree with Ian in so far that this is soley for one person.

I believe this right-to-reside is in the bottom of the food chain for real property rights in a context as follows;

Life Estate.
Domicile
right-to-reside.

Like Ian says, the property rights of a Life Estate extend to both real and personal property. (see Blacks Law)

The Domicile is a "permanent" place of residence or occupation to which one may leave and return at will without restriction.

A residence may be considered simply an "abode" or a place to stay settle etc. and implies something more than just a personal presence, but less than a Domicile.

Defining the limits of the "reside" is the tricky part here. Will this easement be an encroachment of residential enjoyment ?

While the occupant may have no fee title rights, there may be intended "rights of enjoyment" they may be documented somewhere.

Good Luck and may good PDOP always be with you.