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Simple English definitions for legal terms
le mort saisit le vif doctrine
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A quick definition of le mort saisit le vif doctrine:
Term: Le Mort Saisit le Vif Doctrine
Definition: This is a French phrase that means "the dead seizes the living." It is a legal principle that says when someone who owns land dies, their heirs immediately become the legal owners of the land. This means there can be no gap in the ownership of the land. Even if some heirs are unknown or not present when the person dies, they still have a right to the land.
A more thorough explanation:
LE MORT SAISIT LE VIF DOCTRINE
The "le mort saisit le vif" doctrine is a French term that means "the dead seizes the living." It is a legal principle that requires there to be no gap in the possession of a freehold estate in land. This means that legal title immediately passes to the heirs upon the death of the person through whom they claim title. The doctrine does not exclude unknown heirs or heirs absent at the date of death.
For example, if John owns a piece of land and dies, the legal title to the land immediately passes to his heirs, even if they are not yet known or present. This ensures that there is no gap in the ownership of the land and that it is not left in limbo.
Another example would be if a person dies without a will, the le mort saisit le vif doctrine ensures that their heirs will inherit their property without any delay or confusion.
These examples illustrate how the le mort saisit le vif doctrine works to prevent any gaps in the ownership of property and ensures a smooth transfer of legal title to the heirs.