Legal Definitions - pur autre vie

Pur autre vie is a legal phrase originating from French, meaning "for another's life." In property law, it describes a type of ownership or interest in property that is measured by the lifespan of a person other than the individual who holds the interest.

Essentially, when someone holds property pur autre vie, their right to possess or use that property lasts only as long as a specific third party is alive. Once that third party passes away, the interest in the property ends, regardless of whether the person holding the interest is still living. This creates a limited duration of ownership, which is less than full, permanent ownership.

Here are some examples to illustrate this concept:

• Family Estate Planning: Imagine a wealthy individual, Mr. Henderson, wants to provide a home for his beloved niece, Clara, for a significant period. However, he ultimately wants the property to return to his own family line. Mr. Henderson could grant Clara a life estatepur autre vie, specifying that she can live in the house for as long as his younger brother, David, is alive. In this case, Clara's right to occupy the house is tied to David's life. If David passes away, Clara's right to the property ends, even if Clara is still living, and the property would then pass to the next designated heir or revert to Mr. Henderson's estate.

  This example demonstrates pur autre vie because Clara's interest in the property is measured by the life of David (a third party), not her own life.

• Trust for Support: A trust might be set up to provide financial support to a caregiver, Ms. Rodriguez, who looked after an elderly benefactor for many years. The trust document could state that Ms. Rodriguez is entitled to receive all the rental income from a specific apartment building for as long as the benefactor's only grandchild, Leo, is alive. Ms. Rodriguez's right to the income is therefore an interest pur autre vie. Her financial benefit from the property is directly linked to Leo's lifespan, not her own, ensuring support for a potentially long but ultimately finite period.

  Here, Ms. Rodriguez's right to the income is dependent on the life of Leo, a person distinct from herself, clearly illustrating the "for another's life" principle.

• Commercial Lease Agreement: Consider a unique commercial lease where a small business owner, Sarah, leases a storefront. The lease agreement includes a clause stating that Sarah's tenancy will continue for as long as the original founder of the building's management company, Mr. Thompson, is alive. This creates a leasehold interestpur autre vie for Sarah. Her right to occupy the commercial space is directly tied to Mr. Thompson's life. If Mr. Thompson passes away, the lease terminates, and Sarah would no longer have the right to occupy the storefront, even if her business is still thriving.

  This scenario highlights pur autre vie because Sarah's commercial tenancy is measured by the life of Mr. Thompson, a third party, rather than a fixed term or her own life.