Absolute Life Estate?

[Jaydell]

What is the name of your state?West Virginia

If a person had an absolute life estate and he sold a right of way acrossed the property - when that person died - would it terminate the right of way? I have been told that the right of way would have terminate is this true?

 

[divgradcurl]

What is the name of your state?West Virginia

If a person had an absolute life estate and he sold a right of way acrossed the property - when that person died - would it terminate the right of way? I have been told that the right of way would have terminate is this true?

In general, yes, that is true. You can only sell what you own -- in this case, the life estate owner can only sell what is essentially a right of way pour autre vie -- basically, a life estate in the right of way, but based on the life of the person with the life estate. So when the original life estate owner dies, the right of way sold by the life estate owner also goes away.

That's why it can be dangerous to purchase, lease, or have anything to do with land when you are dealing with a life estate holder -- they can only deal what they own, and what they own is temporary. Buying a right of way from a life estate holder is basically the same as buying a right of way from someone leasing a piece of land -- in both cases, the person selling theirght of way has no authority to "bind" the true owner of the property.

 

[Jaydell]

Thanks for the info. I own some land that a right of way was on, but the gentleman who sold the right of way had a absolute life estate. Nobody knew of this right of way - my best friend's grandfather use to own the land (he had the Absolute life estate). Not one person in this family had ever heard of this right of way - plus it has not been used for 45 years.
A gentle bought some land next to me a claimed he had a right of way acrossed my land - after doing some research I found the will and that this gentleman had a absolute life estate.
I do not want to keep the gentleman from his land, but I feel that he needs to help me maintain the right of way and needs to pay something for it.