Pur Autre Vie

Definition

Pur Autre Vie (French for “for the life of another”) refers to a type of life estate in real estate that is granted to one person (the life tenant or grantee) but is measured by the life of another person (the measuring life or cestui que vie). The grantee enjoys all benefits and obligations of holding the estate until the death of the third person. This estate type is commonly covered under property and estate law.

Examples

Example 1: Abel grants a life estate “pur autre vie” to Baker to use Abel’s ranch until Baker’s wife, Carol, dies. Baker holds the life estate for the duration of Carol’s life, not his own.
Example 2: David transfers a property to Evelyn as a life estate pur autre vie that lasts as long as David’s brother, Frank, lives. Upon Frank’s death, the property reverts back to David or his heirs.

Frequently Asked Questions (FAQs)

What happens to the property when the measuring life (cestui que vie) dies?

When the measuring life passes away, the “pur autre vie” estate terminates. The property reverts to the original grantor or their successors in interest, or passes to another designated party according to the terms of the grant.

Can the grantee of a pur autre vie estate sell or transfer their interest?

Yes, the grantee (life tenant) can sell, lease, or transfer their interest in the property. However, any new holder of the interest has rights only up until the death of the measuring life.

What responsibilities does the grantee have in maintaining the property?

The grantee must maintain the property in a reasonable manner, preventing significant deterioration. This includes routine maintenance and necessary repairs. Failure to do so can result in legal consequences.

Is a pur autre vie estate common in modern real estate transactions?

These estates are less common in modern practice but may still be used in specific legal or estate planning contexts to arrange property transfers contingent on a third person’s life span.

Life Estate: A property interest granted to an individual for the duration of their own life.
Life Tenant: The holder of a life estate; an individual granted an interest in property for the duration of their life or another’s life.
Estate Planning: The process of organizing the administration and disposal of a person’s estate during their life and at death.
Cestui Que Vie: The person whose life duration is used to measure the term of a life estate pur autre vie.

Online Resources

References

Quilan, D. J. (2010). Real Estate Law and Practice. Legal Press.
Johnson, R. S. (2015). Estate Planning in the Contemporary World. Probate Publications.
Pratt, M. B. (2011). Introduction to Property Rights. Yates & Sons.

Suggested Books for Further Studies

“Principles of Property Law” by Herbert Hovenkamp
“The Law of Real Property” by Richard R. Powell
“Real Estate Law” by Robert J. Aalberts

Real Estate Basics: Pur Autre Vie Fundamentals Quiz

### When does a pur autre vie estate terminate? - [ ] Upon the death of the grantee - [x] Upon the death of the measuring life (cestui que vie) - [ ] When the property is sold - [ ] When the grantee decides to vacate the property > **Explanation:** A pur autre vie estate terminates upon the death of the person whose life measures the term of the estate, not the grantee’s life. ### Can the holder of a pur autre vie estate lease the property to another party? - [x] Yes - [ ] No - [ ] Only with the consent of the grantor - [ ] Only if the measuring life agrees > **Explanation:** The holder can lease the property to another party; however, the lease only lasts until the death of the measuring life. ### What is crucial for maintaining a pur autre vie estate? - [x] Keeping the property in reasonable condition - [ ] Ensuring the property is appraised annually - [ ] Obtaining new insurance yearly - [ ] Conducting monthly property inspections > **Explanation:** The holder of a pur autre vie estate must maintain the property in reasonable condition to avoid legal issues. ### Who has ultimate control over the future interest in a pur autre vie estate? - [ ] The grantee - [ ] The measuring life - [x] The grantor or successors - [ ] The local government > **Explanation:** The grantor or their successors have the future interest control once the measuring life dies. ### Can a pur autre vie estate be used in estate planning? - [x] Yes - [ ] No - [ ] Only in wills - [ ] Exclusively for trusts > **Explanation:** A pur autre vie estate can be used in estate planning to manage property transfers contingent on another person’s life span. ### Who can be used as the measuring life in a pur autre vie estate? - [x] Any person consented upon in the estate - [ ] Only the grantor - [ ] Only the immediate family of the grantor - [ ] Only legal entities > **Explanation:** Any person, be it a relative or unrelated person, can be the measuring life, as specified at the grantor’s consent. ### Does the holder of a pur autre vie estate have ownership of the property? - [ ] Yes, full ownership - [ ] Partial ownership - [x] Only a life interest - [ ] No ownership at all > **Explanation:** The holder has a life interest based on the measuring life, lacking full or partial ownership. ### If a grantee renounces their life estate pur autre vie before the measure life dies, what happens? - [x] The property reverts to the grantor - [ ] The property is auctioned - [ ] The state claims the property - [ ] The grantee's family inherits the estate > **Explanation:** If the grantee voluntarily renounces the estate, it typically reverts to the grantor or the person designated to receive it upon the measuring life’s cessation. ### Which aspect distinguishes pur autre vie from a standard life estate? - [x] It is measured by a third person’s life - [ ] It only applies to commercial properties - [ ] It requires legal guardian approval - [ ] It ensures property sales are void during tenancy > **Explanation:** The distinct aspect is that a pur autre vie estate is measured by the term of another person's life, differing from measuring the grantee’s own life. ### What can terminate a pur autre vie estate? - [ ] The grantee’s insolvency - [x] Death of the measuring life - [ ] Property transfer by grantee - [ ] Annual property tax defaults > **Explanation:** The death of the measuring life (cestui que vie) terminates the estate, irrespective of other conditions.