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Property Law Keyed to Singer
McIntyre v. Scarbrough
Citation:
471 S.E.2d 199 (Ga. 1996)Facts
In October 1988, the plaintiffs purchased a 16.59 acre tract of land from the defendant by warranty deed. Pursuant to the deed, the defendant reserved a life estate in 1.2 acres which included a mobile home, porch, and shed. The reservation read “[L]ife estate is for [defendant’s] natural life and during her occupancy of this tract as a personal residence. As to this tract, [defendant] shall be responsible for maintenance and upkeep of the property and all improvements thereon and for payment of ad valorem taxes.” At the time of this action in 1994, the plaintiffs asserted that they had not seen the defendant on the property since 1990, the defendant had not paid taxes since 1990, there was no water or gas service to the residence, no mailbox, and the home was in a state of dilapidation. The defendant and her grandson stated that the defendant was recently unable to occupy the residence for medical reasons, that the grandson in the process of renovating the home, and the defendant had not removed any of her personal belongings.
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