Page
  1. 1
    1
  2. 2
    2
  3. 3
    3

Property law legal explanatory memorandum on the historical and modern day fee tail estate.

Extracts from this document...

Introduction

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. ...read more.

Middle

(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) ...read more.

Conclusion

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. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree English Legal System section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree English Legal System essays

  1. Intellectual Property Law.

    must keep it healthy for the sake of ourselves and our descendant, therefore, David Lange suggested that the "recognition of new property intellectual property interests should be offset by equally deliberate recognition of individual rights in the public domain." In this essay, with reference to copyright law in particular, I

  2. Property Law Land Leases

    It seems, therefore, that Courts are moving steadily towards a major restructuring of a landlord and tenant law (along contractual lines). Surely, the whole point of the so-called lease/licence distinction was to draw a clear dividing line between personal and proprietary rights, where leases are proprietary and licences are personal.

  1. Intellectual Property –Copyright.

    The respondent published a book which incorporated these speeches. Lord Rosebery did not make any claim, but The Times claimed that it had copyright in these speeches and sought inter alia an injunction, damages and costs. Earl of Halsbury L.C. said that he would found it difficult to come to the conclusion that law permitted one man to make

  2. Dispute Solving - Solicitors, Barristers, and Legal executives

    They said to appoint new judges to it Lord Chancellor 1994 set up his own enquiry called the Woolf report 1996 (Access to Justice) this confirmed the above. He made 303 recommendations on how it could be improved. New civil proceedings were enacted in the 1999 new civil procedures rules (it was not an act of parliament)

  1. Intellectual Property Law.

    copyright law there must be taken into account not just the statutory provisions of the 1988 Act, but also all relevant case law and the rationale of judicial decisions. According to Jane Ginsburg1, 'originality' is synonymous with authorship, but the layman's concept of originality is not on par with the legal meaning which designates a 'minimum of personal creative activity'.

  2. The recognition of the legal personality of the company.

    The tactic can be expressed as reaching through the veil and seizing the controlling shareholders personally. By doing this the courts can apportion responsibility upon the shareholders for the acts of the company and ascertain their direct interest in the company's assets.

  1. Historically, property has always been divided into two categories - real property and personal ...

    In the common law systems personal property may also be called chattels. In the civil law systems personal property is often called movable property or movables, any property that can be moved from one location or another. In the common law it is possible to place a mortgage upon real property.

  2. An Historical Introduction to the Constitution of the United States

    The more it was revolutionary, when the first written protection of free speech was put into the Massachusetts Body of Liberties in 164115. After the American Revolution, the newly independent states formed constitutions16, of which several mentioned freedom of speech.

  • Over 180,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work

Marked by a teacher

This essay has been marked by one of our great teachers. You can read the full teachers notes when you download the essay.

Peer reviewed

This essay has been reviewed by one of our specialist student essay reviewing squad. Read the full review on the essay page.

Peer reviewed

This essay has been reviewed by one of our specialist student essay reviewing squad. Read the full review under the essay preview on this page.