QLDIn ForceAct
Property Law Act 2023
sec.21Penalty for holding over possession after life estate ends
Start here
Get a plain-English read of sec.21
Turn the raw legal text into a practical explanation grounded in Property Law Act 2023.
### sec.21 Penalty for holding over possession after life estate ends
This section applies if—
a life estate ends; and
a person (the remainder person ) is entitled, immediately after the life estate ends, to an interest in remainder in the land; and
another person (the third person ) holds over possession of the remainder person’s interest in remainder in the land; and
the remainder person gives the third person a notice asking for possession of the remainder person’s interest in remainder in the land; and
the third person does not give the remainder person possession of the remainder person’s interest in remainder in the land within 30 days after the notice mentioned in paragraph (d) has been given.
The third person is liable to the remainder person for the market rent for the remainder person’s interest in remainder in the land for the period—
starting on the day the life estate ends; and
ending on the day the remainder person is given possession of the land.
The remainder person may recover the market rent for the remainder person’s interest in remainder in the land as a debt due to the remainder person.
(sec.21-ssec.1) This section applies if— a life estate ends; and a person (the remainder person ) is entitled, immediately after the life estate ends, to an interest in remainder in the land; and another person (the third person ) holds over possession of the remainder person’s interest in remainder in the land; and the remainder person gives the third person a notice asking for possession of the remainder person’s interest in remainder in the land; and the third person does not give the remainder person possession of the remainder person’s interest in remainder in the land within 30 days after the notice mentioned in paragraph (d) has been given.
(sec.21-ssec.2) The third person is liable to the remainder person for the market rent for the remainder person’s interest in remainder in the land for the period— starting on the day the life estate ends; and ending on the day the remainder person is given possession of the land.
(sec.21-ssec.3) The remainder person may recover the market rent for the remainder person’s interest in remainder in the land as a debt due to the remainder person.
- (a) a life estate ends; and
- (b) a person (the remainder person ) is entitled, immediately after the life estate ends, to an interest in remainder in the land; and
- (c) another person (the third person ) holds over possession of the remainder person’s interest in remainder in the land; and
- (d) the remainder person gives the third person a notice asking for possession of the remainder person’s interest in remainder in the land; and
- (e) the third person does not give the remainder person possession of the remainder person’s interest in remainder in the land within 30 days after the notice mentioned in paragraph (d) has been given.
- (a) starting on the day the life estate ends; and
- (b) ending on the day the remainder person is given possession of the land.