Legal Question in Real Estate Law in New York

I have the deed to a piece of property that was given to me from my mom's will. This same piece of land, my father has lifetime usage of. He has "Posted Signs" along the borders with his name on them that his lawyer suggested. Since I have no right to step foot on my own property, I have "required" that he pay the taxes. His new lawyer says that he does not need to pay the taxes. Whose responsibility is it to pay property and school taxes on this piece of property?


Asked on 9/21/11, 8:01 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

�It is a general rule that a tenant for life, since he enjoys the rents and profits of the land, must pay the taxes and make all ordinary, reasonable repairs required to preserve the property and prevent it going to decay or waste, unless the instrument creating his tenancy expressly provides otherwise� (Lai-Hor Ng Yiu v. Crevatas, 928 NYS2d 454 [2011] citing, Matter of Gaffers, 5 NYS2d 671 [1938]).

Based on the information provided in your question, it is my opinion that your father is required not only to pay the taxes, but to make reasonable repairs and preserve the property.

Mike.

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Answered on 9/22/11, 5:43 am


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