Definition
Pur Autre Vie, a term derived from French meaning “for another’s life,” refers to an estate in property where the duration of the estate is determined by the life of someone other than the person holding the estate. This type of life estate grants property rights to a beneficiary only for the duration of the life of another specified individual.
Examples
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Example 1:
John grants a Pur Autre Vie estate to Mary for the duration of Peter’s life. When Peter dies, the estate terminates, and the property reverts to John or his heirs.
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Example 2:
Sarah grants a property to Alex for the life of Jordan. Thus, Alex possesses temporary ownership and control over the property until Jordan passes away.
Frequently Asked Questions (FAQs)
What happens to a Pur Autre Vie estate after the life tenant dies?
If the life tenant dies before the measuring life (third person’s life) ends, the estate does not terminate. Rather, it passes to the heirs or beneficiaries of the life tenant until the death of the measuring life.
Can a Pur Autre Vie estate be transferred or sold?
Yes, the life tenant can transfer or sell their interest in the property. However, the duration of the new owner’s interest remains tied to the lifespan of the original third person.
What is the original pur autre vie in real estate context?
In real estate, the original Pur Autre Vie estate was an estate granted for the life of another person instead of the life of the grantee or life tenant themselves.
- Life Estate: A property interest that lasts for the lifetime of the holder of the estate.
- Reversion: The return of property to the grantor or the grantor’s heirs after the termination of a life estate.
- Remainder: A future interest held by someone other than the grantor that becomes possessory when a life estate ends.
Online References
Suggested Books for Further Studies
- “Principles of Real Estate Practice” by Stephen Mettling and David Cusic
- “Real Estate Law” by Robert J. Aalberts and George H. Hames
- “Understanding Property Law” by John G. Sprankling
Fundamentals of Pur Autre Vie: Real Estate Law Basics Quiz
### What does Pur Autre Vie literally mean?
- [x] For another's life
- [ ] For this life
- [ ] For a lifetime
- [ ] Property for life
> **Explanation:** Pur Autre Vie is a French term that translates literally to "for another's life."
### Who determines the duration of a Pur Autre Vie estate?
- [x] The life of another specified third person
- [ ] The life tenant
- [ ] The grantor
- [ ] The property itself
> **Explanation:** The duration of a Pur Autre Vie estate is determined by the life of a third person specified when the property is granted.
### Can the life tenant transfer their interest in a Pur Autre Vie estate?
- [x] Yes, but the interest remains tied to the third person's life
- [ ] No, it is non-transferable
- [ ] Only with the consent of the grantor
- [ ] Only if the third person agrees
> **Explanation:** The life tenant can transfer or sell their interest, but the new owner’s interest will still be tied to the life of the specified third person.
### What happens to a Pur Autre Vie estate when the measuring life ends?
- [ ] It continues indefinitely
- [x] The estate terminates and typically reverts to the grantor or the grantor's heirs
- [ ] It becomes a permanent estate for the life tenant
- [ ] It must be transferred to another third party
> **Explanation:** When the person whose life measures the duration of the estate dies, the Pur Autre Vie estate terminates and generally reverts back to the grantor or the grantor's heirs.
### What happens to the property if the life tenant dies before the measuring life ends?
- [x] It passes to the life tenant’s heirs until the third-party dies
- [ ] Reverts immediately to the grantor
- [ ] Must be sold
- [ ] Becomes a regular life estate
> **Explanation:** If the life tenant dies before the measuring life ends, the property passes to the life tenant’s heirs until the third-party's death.
### Who has ultimate ownership of the property in a Pur Autre Vie estate?
- [ ] The life tenant
- [ ] The person whose life measures the estate
- [x] The grantor or the grantor's heirs
- [ ] It belongs to the state
> **Explanation:** Ultimate ownership of the property rests with the grantor or the grantor's heirs, as the life tenant's ownership is temporary and contingent on the life of the third person.
### Can a Pur Autre Vie estate have multiple measuring lives?
- [ ] Yes, with the consent of all involved parties
- [x] Typically, it is based on one specific third party’s life
- [ ] It is always based on the life of the tenant
- [ ] Only if specified in the will
> **Explanation:** Typically, a Pur Autre Vie estate is based on the life of one specific third party specified in the grant.
### What is one reason for establishing a Pur Autre Vie estate?
- [x] To provide property use to someone for the life of another
- [ ] To create a permanent estate for the life tenant
- [ ] To evade property taxes
- [ ] To establish co-ownership of the property
> **Explanation:** One reason for establishing a Pur Autre Vie estate is to grant property rights to someone for the duration of another person's life.
### What happens to the Pur Autre Vie estate if the third person outlives the life tenant?
- [x] The estate interest passes to the life tenant’s heirs until the third-party's death
- [ ] The property becomes a fee simple estate
- [ ] The estate terminates immediately
- [ ] It transforms into a leasehold estate
> **Explanation:** If the third person outlives the life tenant, the estate interest passes to the life tenant's heirs until the death of the third person.
### In what situation is a Pur Autre Vie estate typically not used?
- [ ] To allow someone to use property for a family member's lifetime
- [x] For creating a permanent transfer of property ownership
- [ ] To provide temporary housing
- [ ] For charitable uses dependent on a founder’s life
> **Explanation:** A Pur Autre Vie estate is typically not used for creating a permanent transfer of property ownership, as it is a temporary form of property interest contingent on the lifespan of another.
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