Property law legal explanatory memorandum on the historical and modern day fee tail estate.
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Property law legal explanatory memorandum on the historical and modern day fee tail estate. What is a fee tail estate? It is one of the freehold estates; the others being fee-simple and life estate. The purpose of this type of estate is the desire of landowners to keep the land in the family name or to keep power and wealth. It is conditional on the original grantee and his descendant's survival. Where the last of the grantees descendants dies it will revert back to the grantor. It is created by the words of limitation 'heir' followed by some words of procreation. E.g. to A and the heirs of his body, or to A in tail since Conveyancing Act 1881. An estate tail may be created by will only by the same words of limitation as those required in a deed: Section 95 of the Succession Act 1965. S.95. Owner and tenant in tail. * a tail male/female are entails where the property descended to males or females exclusively.
(S.39) S.15 stops a tenant in tail from utilising a disentailing assurance. S.32 requires the protector of settlements consent in order for execution of the deed to be fully effective. If consent is not obtained a base fee will be developed and not a fee simple. S.16 and 33 allows the holder of a base fee to create a fee simple in two ways: by a fresh disentailing assurance or the holder may wait for protectorship to end. S.37 recognises a holder of base fee may buy out immediate fee simple remainder of reversion and such is free of all claims by issue in tail reminder/reversion men. 'Anderson argues this statement disincentives the creation of fee tails'. Statute of limitations (1957) S.19 of holder of the base fee has no entitlement under the original entail his possession of land for 12 years after the end of protectorship can bar claims of those entitlement to the land on the determination of the fee-tail. Conveyancing Act (1881)
The rules set out by this case is that such dispositions will operate to pass a fee simple/ tail notwithstanding the literal meaning of the term used. Law of Fee- tail. Nowadays this system of conveyance/ estate is very seldom used in practice and therefore the old legislation on it as well as famous cases serves only historical importance now. I see the system as having very little advantage to our law system and the Law Reform Commission also viewed in a similar way. They recommended that it was serving no purpose but having said that they did not recommend its abolition as it is doing no harm and some people may wish to use it from time to time. It is also the view of the commission, that the creation of a base fee, if the entail is bared, should not be registered in the High court as it is excessive and a new system of registering the disentailing deed in the Land Registry or on the Registry of Deeds should be formed.
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