Moorcroft v. Severance (2018)

Citation: Moorcroft v. Severance (2018)
Parent Document: Moorcroft v. Severance (2018)
Jurisdiction: Vermont (state)
Effective Date: 2018-03-12
Original Source: https://www.courtlistener.com/opinion/10026703/moorcroft-v-severance/ ↗

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To the extent the Life Lease document provides the Severances with life estate interests
in the Subject Property, and Mr. Moorcroft a remainderman interest, the issue would be if a
remainderman interest holder of property may eject a life estate interest holder from the property
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for violations of the life estate conditions. The court could not find any recent cases on this
issue, but an old case has recognized that a remainderman may bring a common law ejectment
action against the life estate holder for some breaches. See Olcott v. Dunklee, 16 Vt. 478 (1844).
Here, as noted in the factual findings the court finds the Severances have breached some of their
duties under the Life Lease document. They have failed to pay their portion of the taxes against
the Subject Property, although the court cannot determine what taxes are due (or more precisely
what portion of unpaid town taxes are the responsibility of the Severances under the Life Lease).

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