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Understanding Fee Simple Conditional and Fee Tail Estates

Types of feudal land ownership, including fee simple conditional and fee tail estates, explained with pre-1285 and post-1285 contexts. Covers fee tail male, fee tail female, and fee tail special, along with reversion scenarios.

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Understanding Fee Simple Conditional and Fee Tail Estates

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  1.  “To A and the heirs of his (her) body.”  “To A and her (his) issue.”  Words of purchase ▪ “To A”  Words of limitation ▪ “and the heirs of his (her) body” “and her (his) issue”

  2.  Before 1285 = Fee Simple Conditional  If A has a child, A has fee simple absolute.  After 1285 Statute of De Donis Conditionalibus = Fee tail  Property inheritable only by lineal descendants forever.  Term derived from French, tailler, meaning, to cut or carve.

  3.  Fee Tail Male = “To A and the male heirs of his (her) body”  Fee Tail Female = “To A and the female heirs of (her) his body”  Fee Tail Special = “To A and the heirs of A’s body with [designated spouse]”

  4.  Reversion

  5. 1. Fee Simple Conditional 2. Fee Tail 3. Prohibited by state statute or constitution (majority)  Grantee has fee simple absolute 4. Life estate with remainder in fee simple absolute to lineal heirs  One generation tail  Ohio -- § 2131.08

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