Also known as: entailed · entail · fee tail
Written by attorneys · grounded in primary & secondary sources — see below
An estate in land limited to a designated line of heirs of the grantee. The limitation restricts inheritance to that line and prevents the holder from devising the land by will.
Select any source to read its text and confirm it supports the definition.
Ismael Ibrahim conveyed Blackacre to his daughter Ines Ibarra for life with further language directing that upon her death the land pass to her issue. The conveyance created an estate in tail in favor of Ines's children because it satisfied the requirements of a life estate followed by a limitation to the issue of the life tenant.
Israel Irving received a deed stating that the land was to pass to him and the heirs of his body. Because the state still recognized the Statute De Donis without fundamental modification, the deed created an estate in fee tail in Israel.
Imani Idowu held Blackacre in fee tail. She executed an inter vivos conveyance that complied with the state's required formalities for disentailing deeds and transferred a fee simple interest to Insight Consulting. The conveyance was effective because a fee tail holder possesses the power to create any interest that a fee simple owner could create when the proper formalities are observed.
Imran Iyer held an estate in fee tail. He conveyed a life estate to his neighbor without using the special formalities required for a disentailing deed. The neighbor's life estate remained subject to defeat upon Imran's death by the persons entitled under the original tail limitation.
India Inoue held Blackacre in fee tail. In her will she attempted to devise the land to her friend. The devise was ineffective because a fee tail holder has no power to devise any interest in the land.
After Ismael Ibrahim died holding Blackacre in fee tail, his surviving spouse claimed dower. The dower interest was subordinate to any remainder limited upon the estate in fee tail.
Modern rules reject fee tail forms. When a deed first uses words sufficient to create a fee simple and then adds a gift over on an indefinite failure of issue, the primary estate remains a fee simple absolute and the attempted limitation is ineffective.
Supporting sources
Words such as "to A and the heirs of his body" create a fee tail when the Statute De Donis remains in force without fundamental statutory or judicial modification.
Supporting sources
No. A person who has an estate in fee tail has no power to devise any interest in the land.
Supporting sources
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