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Topic: Fee tail


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  Property Law: Fee Tail 101   (Site not responding. Last check: 2007-10-10)
Fee tail was formerly used during feudal times by landed nobility in order to create family settlements and to make certain that the land stayed in the family.
From the foregoing, attempting to mortgage land in fee tail would be risky and uncertain, since at the death of the owner the land passed by operation of law to children who had no obligation to the mortgage lender and whose interest was prior in right over the mortgage.
Fee tail was a device tuned to the needs of family settlements in the thirteenth century, but it was never popular with the monarchy, the merchants, or many entailed holders themselves who wished to sell their land.
www.juiceenewsdaily.com /1105/business/tail.html?1130887011046   (593 words)

  
  Fee tail
It was also possible to have "fee tail male," which only sons could inherit, and "fee tail female," which only daughters could inherit; and "fee tail special," which had a further condition of inheritance, such as that only the owner's children by a particular spouse could inherit it.
Fee tail was formerly used during feudal times in order to create family settlements and make certain that the land stayed in the family.
From the foregoing, attempting to mortgage land in fee tail would be risky and uncertain, since at the death of the owner the land passed by operation of law to children who had no obligation to the mortgage lender and whose interest was prior in right over the mortgage.
www.ebroadcast.com.au /lookup/encyclopedia/fe/Fee_tail.html   (415 words)

  
 | Book Review | Law and History Review, 23.1 | The History Cooperative
Joseph Biancalana, The Fee Tail and the Common Recovery in Medieval England, 1176–1502, Cambridge: Cambridge University Press, 2001.
Use of the collusive common recovery allowed grantees in fee tail to alienate their land despite the restrictions in the entail.
Lawyers eventually developed the theory that the fee tail was barred because the grantor theoretically received equal lands in exchange from the warrantor.
www.historycooperative.org /journals/lhr/23.1/br_2.html   (859 words)

  
 Fee Tail: West's Encyclopedia of American Law
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 can endure until the holder dies without surviving issue, but it cannot be passed on to collateral heirs.
law.enotes.com /wests-law-encyclopedia/fee-tail   (196 words)

  
 Explanation of the Fee Tail Estate
The King, concerned that the fee tail estate presented a financial and military threat to the Crown, prevailed upon the judges of the royal court, who in 1472 in Taltarum's Case approved the use of a collusive lawsuit to destroy a fee tail estate.
This lawsuit (known as the common recovery) limited the effectiveness of the fee tail, and its judicial sanction marked the beginning of the law's disfavor with the fee tail estate.
Other statutes, such as Missouri's, basically allow the "tail" for one generation; that is, a conveyance "to X and the heirs of his body" would give X a life estate and a remainder in fee simple to the person who, at common law, would have taken the estate tail after X's death.
freepages.genealogy.rootsweb.com /~jcat2/feetail.html   (1093 words)

  
 'FEE TAIL' FIGHT FOCUSES ATTENTION ON ANCIENT PROPERTY RULES   (Site not responding. Last check: 2007-10-10)
The fee tail caused land to descend to the grantee's heirs generation after generation, and only expired when the grantor, the grantee, and all of the grantee's descendants were dead.
Thus, contrary to the premise of the fee tail, his descendants had the power to cut off the rights of their issue and the right of reverter in the original grantor.
By conveying the estate in fee simple, no matter how far down the lineal chain the conveyance may be, the fee tail is destroyed.
www.felahfd.com /HFDLaw/notebook/268.htm   (1401 words)

  
 Fee Tail Lawyers & Legal Information
A fee tail is a conveyance of an interest in real property.
Fee tails come from English Common Law and are intended to preserve the estate in the bloodline of the person receiving the property interest.
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.
www.legalmatch.com /law-library/article/fee-tail.html   (347 words)

  
 Los Angeles Lawyer - Fee tail
Fee tail has been abolished by statute in England and in many states in the United States: other states never recognized the fee tail estate at all as most of the land in the United States of America was deemed allodial.
Fee tail was abolished in New York in 1782.
In most states it is provided that an attempt to create a fee tail shall result in a fee simple (feodum simplex).
www.danataschner.com /fee_tail.html   (614 words)

  
 "Pokémon Tail" by Runt-Nicole Dyria's Pokémon Central
Fee sat shivering in a tight ball in the cramped car, cautiously he hugged his tail it had been quite some time since he'd actually seen his tail and it freaked him out quite a lot actually being able to touch it but it did bring some comfort to him in doing so.
Fee was secretly glad that this was Pallet town and not one of the larger cities and that Ash lived in a relative backwater.
Fee laughed slightly and looked at himself in the slightly reflective gym wall he was most definitely a unique Pokémon, in his natural form a bipedal four foot something fl cat with a vaguely human appearance.
members.tripod.com /nicole_dyria/Fanfic/Ch3FeeCPokemonTail.htm   (3487 words)

  
 Fee Tail
His land, and that of many others at the time, was held in fee tail or fee entail.
Fee tail is a form of land ownership limited to an individual and his or her direct descendants.
Fee simple is the type of ownership we are most familiar with today...
www.ghotes.net /history/fee_tail.html   (311 words)

  
 Law of Real Property,Real Estate Legal
An estate in land may be any carved out portion of the allodial or fee simple, which is the most complete ownership that one can have of property in the common law system.
subject to future conditions) like fee simple determinable and fee simple subject to condition subsequent; this is the complex system of future interests (q.v.) which allows concepts of trusts and estates to elide into actuarial science through the use of life contingencies.
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).
www.happilyeverafters.net   (298 words)

  
 fee tail - Search Results - MSN Encarta
fee tail - Search Results - MSN Encarta
The freehold estates found in modern property law are the fee simple and the life...
amphibians, arthropods, birds, comet, fishes, identifying cheetahs by rings on tail, mammals, quotations, reptiles, why dogs wag their tails
ca.encarta.msn.com /fee_tail.html   (92 words)

  
 Fee - Wikipedia, the free encyclopedia
A fee is the price one pays as remuneration for services, especially the honorarium paid to a doctor, lawyer, consultant or member of a learned profession.
As part of their mystique, traditional professionals in Britain received a fee in contradistinction to a payment, salary, wage or mere money, and would often use guineas rather than pounds as units of account.
One may also charge/pay fees as a fixed sum for the right to enter for an examination, or on admission to membership of a university or other society.
en.wikipedia.org /wiki/Fee   (255 words)

  
 The Fee Tail and the Common Recovery in Medieval England - Cambridge University Press
Fee tails were a basic building block for family landholding from the end of the thirteenth to the beginning of the twentieth century.
Biancalana’s study considers the origins, development and use of the entail in later medieval England, and the origins and early use of a reliable legal mechanism for the destruction of individual entails, the common recovery.
The statutory restraint on alienation and the descender writ; 6.
www.cambridge.org /catalogue/catalogue.asp?isbn=0521806461   (426 words)

  
 Fee tail
When the lord, upon the creation of a tenancy, reserves to himself and his heirs, either the rent for which it was before let to farm, or at least one-fourth part of that farm rent, it is called a fee farm rent, because a farm rent is reserved upon a grant in fee.
An issue brought by consent of the parties, or the direction of a court of equity, or such courts as possess equitable powers, to determine before a jury some disputed matter of fact, which the court has not the power or is unwilling to decide.
This definition of Fee tail may be disputed by other professionals.
www.juridicaldictionary.com /Fee_tail.htm   (706 words)

  
 Property Class Notes 2/18/04
purports to create a fee tail will create a life estate in the tenant-in-tail, and then a fee simple absolute in the issue of the tenant-in-tail, assuming that the tenant-in-tail has any issue.
Another alternative is to abolish the fee tail altogether and say that “to A and the heirs of her body” equals “to A and her heirs”.
These defeasible fees are accompanied by a retained interest in the grantor, either the possibility of reverter or the right of entry.
lawschool.mikeshecket.com /property/2-18-04.htm   (1190 words)

  
 Entail
Land held in fee simple could be entailed, or converted into fee tail.  Once entailed, it stayed in that state essentially forever.  And that affects how we must interpret subsequent records for that land. 
Technically, there were several types of entails.  For instance, a fee tail male restricted succession to males in the line of inheritance, and fee tail female restricted succession to females.  Fee tails could be restricted in other ways, or could be made conditional (for instance on the heir’s occupation of the land). 
A person possessed of a fee tail interest in property could certainly lease the land, or even assign his lifetime interest.  But at his death, the land passed to the next heir, voiding whatever arrangement existed. 
www.genfiles.com /legal/entail.htm   (455 words)

  
 Duhaime's Canadian Law Dictionary : F   (Site not responding. Last check: 2007-10-10)
The most extensive tenure allowed under the feudal system allowing the tenant to sell or convey by will or be transfer to a heir if the owner dies intestate.
In modern law, almost all land is held in fee simple and this is as close as one can get to absolute ownership in common law.
There are varieties of freehold such as fee simple and fee tail.
www.duhaime.org /dictionary/dict-f.aspx   (768 words)

  
 Legal Definitions of Tenancy, Tenant
There are tenants in fee; tenants by the curtesy; tenants in dower; tenants in tail after.
Tenant by the curtesy, is where a man marries a woman seised of an estate of inheritance, that is, of lands and tenements in fee simple or fee tail; and has by her issue born alive, which was capable of inheriting her estate.
Tenant in tail after possibility of issue extinct, is where one is tenant in special tail, and a person from whose body the issue was to spring, dies without issue; or having issue, becomes extinct; in these cases the survivor becomes tenant in tail after possibility of issue extinct.
www.lectlaw.com /def2/t074.htm   (790 words)

  
 Future Interests Outline
O to A for life then 10 years later to B. life estate reversion fee simple sub exec.
--Rule says heirs are a part of A so rewritten as: O to A (in fee simple absolute).
fee simp sub ex limitation shifting ex int fee simple **Both are good because the condition must be met and occur during life of parties - can't divorce or finish law school when you are dead.
www.lectlaw.com /files/lws28.htm   (940 words)

  
 fee tail definition - Dictionary - MSN Encarta
fee tail definition - Dictionary - MSN Encarta
Search for "fee tail" in all of MSN Encarta
Peek into the future on the Discovery Channel
encarta.msn.com /dictionary_1861690194/fee_tail.html   (97 words)

  
 SSRN-Evolution of Rules in a Common Law System: Differential Litigation of the Fee Tail and Other Perpetuities by ...
It offers the fee tail and similar restraints on alienation as examples of how inefficient rules can lead to inefficient uses of land, which cause owners to seek the help of courts in freeing their lands from the inefficient constraints.
Because efficient property rules are important to a healthy economy, the common law process may have an internal advantage in its external competition with other legal systems.
Stake, Jeffrey Evans, "Evolution of Rules in a Common Law System: Differential Litigation of the Fee Tail and Other Perpetuities".
www.ssrn.com /abstract=668681   (298 words)

  
 "Fee Tail" 200 years Ago This Year (2002)
To his daughter Elizabeth he left 25 pounds plus one milk cow.
Finally, William Lea bequeathed "ten rods square of ground for the use of the Episcopal Congregation where the Church now stands." He gave only the use of his land, known as "fee tail" - tailing back to his family.
The Leas are buried at Old St. Luke's Chuch.
www.shire.net /osl/fee_tail.htm   (640 words)

  
 Definition of fee tail - Merriam-Webster Online Dictionary
Etymology: Middle English fee taille, from Anglo-French fé taillé entailed fee
Find more about "fee tail" instantly with Live Search
See a map of "fee tail" in the Visual Thesaurus
www.m-w.com /cgi-bin/dictionary?book=Dictionary&va=fee+tail   (58 words)

  
 SSRN-Evolution of Rules in a Common Law System: Differential Litigation of the Fee Tail and Other Perpetuities by ...
It offers the fee tail and similar restraints on alienation as examples of how inefficient rules can lead to inefficient uses of land, which cause owners to seek the help of courts in freeing their lands from the inefficient constraints.
Because efficient property rules are important to a healthy economy, the common law process may have an internal advantage in its external competition with other legal systems.
Stake, Jeffrey Evans, "Evolution of Rules in a Common Law System: Differential Litigation of the Fee Tail and Other Perpetuities".
papers.ssrn.com /sol3/papers.cfm?abstract_id=668681   (298 words)

  
 1Tail Sportbike and Roadracing Accessories for Suzuki GSXR 1000 TLR TL1000, Yamaha R1 R6 R7 OWO1, Honda CB1000RR, ...
NO At this time all orders are sent standard delivery.
In certain cases you may call us and we can have your order sent overnight or 2-3 day for a fee.
How long will it take for my order to be shipped?
www.1tail.com /faq.asp   (193 words)

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