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The fee tail allowed a patriarch to perpetuate his blood-line, family-name, honour and armorials [1] in the persons of a series of powerful and wealthy male descendants. By keeping his estate intact in the hands of one heir alone, in an ideally indefinite and pre-ordained chain of succession, his own wealth, power and family honour would not be dissipated amongst several male lines, as became ...
Fee simple; Fee tail; Life estate; Defeasible estate; Future interest. remainder; ... In English law, a fee simple or fee simple absolute is an estate in land, ...
Enfeoffment could be made of fees of various feudal tenures, such as fee-tail or fee-simple. [2] The term feoffment derives from a conflation of fee with off (meaning away), i.e. it expresses the concept of alienation of the fee, in the sense of a complete giving away of the ownership.
The fee simple estate and the fee tail estate are estates of inheritance; they pass to the owner's heirs by operation of law, either without restrictions (in the case of fee simple), or with restrictions (in the case of fee tail). The estate for years and the life estate are estates not of inheritance; the owner owns nothing after the term of ...
The Rule in Shelley's Case is a rule of law that may apply to certain future interests in real property and trusts created in common law jurisdictions. [1]: 181 It was applied as early as 1366 in The Provost of Beverly's Case [1]: 182 [2] but in its present form is derived from Shelley's Case (1581), [3] in which counsel stated the rule as follows:
If the time of ownership can be fixed and determined, it cannot be a freehold. It is "An estate in land held in fee simple, fee tail or for term of life." [4] The default position subset is the perpetual freehold, which is "an estate given to a grantee for life, and then successively to the grantee's heirs for life." [4]
A common recovery was a legal proceeding in England that enabled lawyers to convert an entailed estate (a form of land ownership also called a fee tail) into absolute ownership, fee simple. [1] This was accomplished through the use of a series of collusive legal procedures, some parts of which were fictional and others unenforceable (and ...
fee simple determinable; fee simple subject to a condition subsequent; fee simple subject to executory limitation; finite estate—limited to lifetimes life estate—fragmented possession and use for duration of someone's life; fee tail—inalienable rights of inheritance for duration of family line