25 CFR § 169.109 - Whose consent do I need for a right-of-way when there is a life estate on the tract?

---
identifier: "/us/cfr/t25/s169.109"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 169.109 - Whose consent do I need for a right-of-way when there is a life estate on the tract?"
title_number: 25
title_name: "Indians"
section_number: "169.109"
section_name: "Whose consent do I need for a right-of-way when there is a life estate on the tract?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "H"
subchapter_name: "LAND AND WATER"
part_number: "169"
part_name: "RIGHTS-OF-WAY OVER INDIAN LAND"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 25 U.S.C. 323-328; 25 U.S.C. 2201"
regulatory_source: "80 FR 72534, Nov. 19, 2015, unless otherwise noted."
cfr_part: "169"
---


# 169.109 Whose consent do I need for a right-of-way when there is a life estate on the tract?

If there is a life estate on the tract that would be subject to the right-of-way, the applicant must get the consent of both the life tenant and the owners of the majority of the remainder interest known at the time of the application.