Also known as: fee tail · fee-tail · fees-tail · entail · estate tail
Written by attorneys · grounded in primary & secondary sources — see below
An estate in land limited to the grantee and the heirs of the grantee's body that passes only to lineal descendants.
Felix Franco conveyed Blackacre to his two children as tenants in common using language that created a fee tail under the applicable state rules. The children took possession and managed the land jointly without survivorship rights. When one child sought to sell his share, the court recognized the concurrent fee tail interests as valid under the governing conveyance rules.
Fatima Flores conveyed Whiteacre to her son for life with further language directing the land to his issue upon his death. The son took possession and later had children who claimed the estate. The conveyance created a fee tail in favor of the son's issue under the stated limitations.
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Frederick Ferguson and his wife received Greenacre through a deed that limited succession to their issue. The couple held the land as tenants by the entirety because the conveyance satisfied the marital and issue requirements in the jurisdiction. Upon the husband's death the surviving wife continued to possess the full estate.
Felicia Fuentes received Brownacre under a deed that would have created a fee tail in a jurisdiction where the Statute De Donis remained in force without modification. Her lineal descendants alone could inherit the land. The estate therefore continued as a fee tail rather than converting to fee simple.
Francois Fortier held Blueacre in fee tail and executed an inter vivos deed that met the state's required formalities for disentailing. The buyer received a fee simple absolute free of the tail limitation. The conveyance transferred full ownership because the formalities were satisfied.
Frank Fisher held Redacre in fee tail and conveyed it without using the special disentailing formalities. The grantee took possession but the interest remained subject to defeat by Fisher's lineal descendants upon his death. The conveyance therefore created only a defeasible interest rather than a permanent fee simple.
A fee tail arises when a deed first limits an estate for life and then adds language directing the land to the issue of the life tenant upon the life tenant's death. The limitation must follow the precise structure that creates succession only through lineal descendants.
Supporting sources
Yes. A fee tail may be created to be held by two or more persons as tenants in common when the jurisdiction permits such concurrent ownership of the estate. The same rules allow creation in joint tenancy or tenancy by the entirety under additional conditions.
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A fee tail holder may create any interest that a fee simple owner could create provided the conveyance meets the special formalities for a disentailing deed. Without those formalities the interest created remains subject to defeat by the conveyor’s lineal descendants upon the conveyor’s death.
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…the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail. Id. , at 335. Applying these factors to the present case, we conclude that the procedures established by the Secretary satisfy due process. The private interest that will be affected by…