Also known as:feoda talliata · fee tail · entailed fee
Written by attorneys · grounded in primary & secondary sources — see below
An estate in land limited to a designated grantee and the heirs of that grantee's body. The estate passes only to lineal descendants and ends upon failure of such issue.
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Restatements
Dictionaries
How it applies
Common Examples
6
Life Estate Followed by Fee Tail
Fernando Farrell conveys Blackacre to his daughter Farah Fox for life, then to the heirs of her body. The conveyance creates a fee tail in Farah's issue under the applicable rule because the deed limits an estate for life and adds language creating a subsequent estate in the same land upon the death of all issue of the life tenant.
Deed Creates Fee Tail Estate
Forrest Falconer deeds Greenacre to his son Felix Franco and the heirs of his body. In a jurisdiction where the Statute De Donis remains in force without modification, the conveyance creates an estate in fee tail in Felix.
Disentailing Conveyance by Fee Tail Holder
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10
Practice Questions5
Farid Farahani holds Whiteacre in fee tail. He executes an inter vivos conveyance that meets the state's required formalities for a disentailing deed and transfers the property to Francesca Fowler in fee simple. The conveyance is effective because a fee tail holder possesses the power to create any interest that a fee simple owner could create when the conveyance satisfies the prescribed formalities.
Inter Vivos Transfer Without Formalities
Falcon Dynamics holds Brownacre in fee tail. It conveys the land by ordinary deed to Fusion Power without using the special disentailing formalities. The grantee receives an interest that may be defeated upon the conveyor’s death by the persons entitled under the original fee tail limitation.
Attempted Devise of Fee Tail Land
Franklin Foundry holds Redacre in fee tail. Its will purports to devise the land to a named beneficiary. The devise is ineffective because a fee tail holder lacks power to devise any interest in the land.
Surviving Spouse Interest Subordinate
Frostline Textiles holds Blueacre in fee tail. Upon the death of its principal, the surviving spouse claims dower. The claim is subordinate to any remainder limited upon the fee tail estate.
Common questions
Frequently Asked
3
What estate does the term feodum talliatum describe?+
The term describes a fee tail, an estate limited to a grantee and the heirs of the grantee's body that passes only to lineal descendants.
Can a holder of feodum talliatum convey the land by ordinary deed?+
A holder may convey any interest a fee simple owner could create, but when special disentailing formalities are not used the interest created may be defeated upon the conveyor’s death by persons entitled under the original limitation.
Does a feodum talliatum holder have power to devise the land?+
No. A person holding an estate in fee tail has no power to devise any interest in the land.
Real PropertyOwnership of real property · Present estates and future interestsUBEFoundational