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LSDefine

Simple English definitions for legal terms

fee tail

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A quick definition of fee tail:

A fee tail is a type of ownership of land where the owner has to pass it on to their children, who then have to pass it on to their children. This is usually written in a special way in a legal document. However, most places in the United States don't allow this type of ownership anymore because it's too complicated. Instead, they use a simpler type of ownership called fee simple. Some places even have a law that changes fee tail ownership into fee simple ownership automatically.

A more thorough explanation:

A fee tail is a type of land ownership that requires the owner to pass the land on to their children, who must then pass it on to their children. This type of ownership is created when a deed uses the words "the heirs of his body." For example, a deed might say "to John Doe and the heirs of his body."

However, fee tails are no longer used in most states because they are seen as burdensome and inefficient. Instead, this language in a deed creates a fee simple ownership, which allows the owner to do whatever they want with the land.

Some states have laws that turn existing fee tail interests into fee simple interests. For example, in Alabama, all existing fee tails are turned into fee simple interests once they are transferred. This can be done through a straw man transaction, where the owner transfers the land to someone else who then transfers it back as a fee simple.

Overall, fee tails are an outdated form of land ownership that are no longer used in most states.

John owns a piece of land in a state that still allows fee tails. He wants to pass the land on to his son, so he creates a deed that says "to John Doe and the heirs of his body." This means that when John dies, the land will automatically pass to his son, who must then pass it on to his own children.

However, if John had created a deed that said "to John Doe," he would have a fee simple ownership and could do whatever he wanted with the land, including passing it on to his son or selling it to someone else.

fee simple | felon

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