😀
Real Property • Present Possessory Estates
PROP#011
Legal Definition
A life estate pur autre vie is measured by the life of another, and can be created where a life tenant conveys his life estate to another.
Plain English Explanation
The duration of a regular life estate is the life of the grantee (the person being granted the life estate). A life estate pur autre vie is measured by someone's life who isn't the grantee. When that other person dies, the grantee's interest in the property terminates. This other person can be any identified individual.
Note that another way to create a life estate pur autre vie is if an original life estate grantee conveys their own interests to someone else. For example, if Oz conveys Blackacre "to Amy for life," and then Amy conveys Blackacre "To Bob," Bob has received a life estate pur autre vie, because the life estate they own is measured by someone else's life than their own (Amy's life).
Note that another way to create a life estate pur autre vie is if an original life estate grantee conveys their own interests to someone else. For example, if Oz conveys Blackacre "to Amy for life," and then Amy conveys Blackacre "To Bob," Bob has received a life estate pur autre vie, because the life estate they own is measured by someone else's life than their own (Amy's life).
Hypothetical
Hypo 1: Oz conveys Blackacre "to Amy for the life of Bob." Weeks later, Amy dies. Bob is still alive. Result: Amy received a life estate pur autre vie from Oz. Her life estate is measured by Bob's life. When Bob dies, the property returns back to Oz. Note that in this example, Amy predeceased Bob. So what happens? Under common law, the property would be deemed to exist without an owner until Bob died. However, modern jurisdictions usually hold that these estates are inheritable, which means it would pass to Amy's heirs.
Visual Aids
Related Concepts
How is a fee simple determinable created?
How is a fee simple subject to condition subsequent created?
In assessing a present possessory estate, what is affirmative waste?
In assessing a present possessory estate, what is ameliorative waste?
In assessing a present possessory estate, what is permissive waste?
What are the 3 types of waste a life estate holder may commit?
What are the present possessory estates?
What happens when a life estate holder renounces his interest?
What is a defeasible fee?
What is a fee simple absolute?
What is a fee simple subject to executory interest?
What is a fee tail, how is it created, and what is the result of its creation in most jurisdictions today?
What is a life estate?
What rights and duties do the holder of a life estate have?
What will a court do if it is not clear whether someone intended to create a fee simple determinable or subject to condition subsequent?
