Section 29 Sale of Property Subject to Life Estate or Estate for Years

• Library: Real Estate Fundamentals 2011

At common law, a tenant with an estate for years or for life could not partition the tenant’s estate from the remainder. Gray v. Clements, 227 S.W. 111, 112 (Mo. 1920). Similarly, no remainder holder could partition the remainder from the life estate or estate for years. Id. Such partitions could not be maintained because partition lies to set apart concurrent, not successive, estates. Id. By statute and rule, however, Missouri now allows a person holding an estate for years or life to sue the remainder...