Fee tail

What is a legal fee tail? Can a fee tail be sold? How is a fee tail passed? Is a fee tail a life estate?

A fee tail is an interest in real property that is ordinarily created with words such as to A and the heirs of his body. It may be limited in various ways, such as to male or female heirs only, or to children produced by a particular spouse. A fee tail is passed by inheritance from generation to generation to the heirs of the body of the initial owner. A fee tail is generally created when a deed uses the words the heirs of his body , as in to John Doe and the heirs of his body. In most jurisdictions in the United States, the fee tail has been abolishe and this language in a deed instead creates a fee simple.

Greek or Roman farce that depended for effect largely upon ludicrous actions and gestures. Definition of fee tail. Fee tail means an estate of inheritance in real property which cannot be sold , devised by will, or otherwise alienated by the owner.

The most typical form of this estate requires that possession be conveyed from eldest son to eldest son for as long as the bloodline continues. Fee tail : An interest in land that is inheritable by and transferable to only lineal descendants of the original grantee. The highest level of ownership a person can have in any real property is the fee simple.

Ownership of a fee simple in a parcel of property means the right to own and possess that property in perpetuity (forever). A type of tenure in land with restrictions (entailments) regarding the line of heirs to whom it may be willed. This distinguished the fee simple from the life estate (which was not inheritable) and the fee tail (which was inheritable only by a restricted class of heirs, e.g., heirs of the body male). One feature about it may have been the desire to protect, in days when there were, for example, fee tail , things of that kin the desire to protect fortunes, or what. A basic condition of entail was that if the grantee died without direct descendants the land reverted to the grantor.

The rule of fee tail has been abolished in all but four states in the United States: Massachusetts, Maine, Delaware and Rhode Island. The term fee tail is derived from the Middle Latin feodum talliatum, which means cut-short fee. Origin: Derived from the Middle Latin foedum talliatum.

Wainwright shall be entitled to compensation under clauses (1) and (2) hereof, calculated in the manner set forth therein, with respect to any public or private offering or other financing or capital-raising transaction of any kind (“Tail Financing”) to the extent that such financing or capital is provided to the Company by investors whom Wainwright had contacted during the Term or introduced to the Company during the Term, if such Tail Financing is. An ancient form of ownership and restriction on lanin which property could pass only to members of the direct male line of a family,and when a time came when there were no direct male members to inherit,the property reverted to the state. English dictionary definition of fee-tail.

The Complete Real Estate Encyclopedia by Denise L. Create New Flashcard. Estate inheritable only by the lineal descendents of the original grantee, and not by any close relative or any other entity. Most jurisdictions — except Delaware, Maine, Massachusetts, and Rhode Island — have abolished the fee tail. Consequently, only the children of a fee tail holder will benefit from a fee tail.

Furthermore, once the holder of a fee tail dies without children, then both the bloodline and the fee tail end and the property goes back to the original grantor. While no state today has the fee tail in its pristine, common law form, the reactions of American jurisdictions to the estate have been most diverse: (a) In two states, of which South Carolina has by far the most decisions, the Statute De Donis is said not to be part of the received law and thus a grant “to A and the heirs of his body” creates a fee simple conditional. Powell, Real Property sec. A fee estate granted to a particular individual and his or her specified heirs (typically direct issue, not collateral heirs) and that reverts if the individual dies without such heirs.

More Mining Dictionary Terms. An estate limited to one class of heirs. In contrast to a fee simple, a fee tail necessarily restricts the ability of the grantee to transfer title of the land in the future. Traditionally, the underlying purpose of a fee tail was to prevent property from falling into the hands of persons who were not direct descendants of the original grantor. Fee tail : The type of title or ownership in which the title or ownership is limite define or specified by a document created by a previous owner.

For example, a will stating “to my son William and then on his death to his son John” creates a fee tail for William, who cannot sell the land.