Patricia holds a life estate in a Boulder County property. She executes a warranty deed purporting to convey the property in fee simple to her friend, Kevin. After Patricia's death, the remainderman, David, claims the property. Which of the following BEST describes the legal outcome under Colorado property law?
Correct Answer
B) Kevin receives only a life estate pur autre vie — the right to possess the property for the duration of Patricia's life — and David takes the property upon Patricia's death
Under the nemo dat principle (one cannot convey more than one owns), Patricia could only convey what she held — a life estate. When she executed a warranty deed purporting to convey fee simple, the deed was effective only to the extent of her actual interest. Kevin received a life estate pur autre vie (a life estate measured by Patricia's life). Upon Patricia's death, Kevin's life estate terminates automatically, and the property passes to David, the remainderman, whose remainder interest was never extinguished by Patricia's deed. Patricia's warranty deed does create a warranty obligation against Kevin for the deficiency in title, but it cannot convey what Patricia did not own.
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