Using Natural Resources in a Life Estate: What Virginia Families Should Know
Date: January 26, 2026
The Virginia Supreme Court has said that a life tenant is like a steward or “quasi-trustee” of the property. That means you can use the land in ordinary ways, but you cannot do things that permanently diminish its value for the next owners. For example, applied to timber, the rule is practical: you may use wood for the property’s upkeep (think firewood for the home on the land, fence posts, or repairs to barns and buildings), but you cannot harvest timber simply to turn a profit unless the future owners agree.
The law looks at how the original owner used the land and what they granted in the will. If the will creates a straightforward life estate without special permissions, the default rules apply. The Virginia Supreme Court has said that using natural resources on land to make money when the original owner did not do so goes beyond ordinary use and can be “waste,” which the law forbids. By contrast, utilizing the resources as reasonably needed to maintain the property in working order or in a way the original owner did is generally acceptable.
Families often ask whether financial pressures change the analysis. The Virginia Supreme Court has said that they do not. If maintaining the property becomes expensive, the answer is not to utilize the natural resources for income; the answer may be to work with the remainder owners on a plan, or even to consider transferring or waiving the life estate. The goal is to avoid permanently reducing the value of what ultimately belongs to the next generation.
Another frequent question is whether a strong natural resource market can justify a sale. The Virginia Supreme Court has said that even well-intentioned plans to “improve” the land through commercial natural resource harvesting are not allowed if they exceed ordinary, maintenance-related use or the original owner’s use, and the remainder owners do not consent. The same goes for attempts to repurpose proceeds, such as selling natural resources to fund new construction, when the will does not expressly authorize it.
The safest path is communication and consent. If you are a life tenant considering any significant use of natural resources, talk with the remainder owners and get their written agreement. Align the plan with the historic use of the property and limit any use to what is reasonably necessary to maintain the land and its structures. If consensus proves difficult, a court can sometimes help set guardrails, but going forward unilaterally risks an accusation of waste.
Bottom line for Virginians with a life estate: use the land, care for it, and only use natural resources to the extent needed for repairs and maintenance, or as the original owner did. Otherwise, do not utilize natural resources for profit without the remainder owners’ consent, and do not change the character of the property beyond its ordinary, established use. When in doubt, get legal advice and seek agreement first; the law is designed to preserve the property for both today’s use and tomorrow’s owners. If you find yourself faced with a life estate or co-ownership dispute, contact experienced counsel to discuss your potential legal options.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.