Pensive Properties LP v. Terry Barnhart and All Occupants
03-15-00463-CV
Tex. App.Nov 4, 2015Background
- Property owner (Pensive Properties, LP) conveyed an oral tenancy to Terry Barnhart described as "for the remainder of his life, so long as he performed yard maintenance."
- Barnhart testified he continued to agree to perform the maintenance and remained in possession; dispute arose when owner sought to terminate occupancy.
- Trial court found Barnhart had legal possession under the life tenancy; judgment appealed by Pensive Properties.
- Appellee contends the grant creates an enforceable determinable life tenancy (not a tenancy at will) and that appellant failed to preserve a statute-of-frauds challenge.
- Appellee argues older Texas precedents interpreting life leases as terminable at the lessor’s will have been limited or rejected by later authority and Restatement (2d) of Property.
Issues
| Issue | Plaintiff's Argument (Pensive) | Defendant's Argument (Barnhart) | Held |
|---|---|---|---|
| Whether a lease "for the life of tenant" is a determinable life tenancy or a tenancy at will | Lease should be treated as terminable at landlord’s will (subject to 30-day notice) | The parties intended a life tenancy conditioned on maintenance; such life tenancies are enforceable and not mere tenancies at will | Appellee urges affirmance: life tenancy enforceable and not ended by 30-day notice |
| Whether statute of frauds bars Barnhart’s oral life tenancy | Statute of frauds would bar an oral lease purportedly lasting longer than one year | Pensive failed to object at trial (waiver); also Texas authority holds life leases not subject to statute of frauds | Appellee argues claim waived; alternatively life tenancy not within statute of frauds |
Key Cases Cited
- Holcomb v. Lorino, 79 S.W.2d 307 (Tex. 1935) (older Texas Supreme Court decision characterizing certain uncertain-duration leases as tenancies at will)
- McLoud v. Knapp, 507 S.W.2d 644 (Tex. Civ. App.—Dallas 1974) (Texas appellate recognition of enforceability of life-tenancy agreements)
- Betts v. Betts, 220 S.W. 575 (Tex. Civ. App.—Texarkana 1920) (early Texas authority on life-tenancy enforceability)
- Haley v. GPM Gas Corp., 80 S.W.3d 114 (Tex. App.—Amarillo 2002) (limits Holcomb to its facts; discusses interpretation of conditional-duration leases)
- Nitschke v. Doggett, 489 S.W.2d 335 (Tex. Civ. App.—Austin 1972) (earlier Austin opinion concluding life tenancy terminable at will; later vacated by Supreme Court)
- Garner v. Gerrish, 473 N.E.2d 223 (N.Y. 1984) (New York Court of Appeals rejects antiquated common-law rule and treats life leases as determinable life estates)