The spelling of the legal term "fee tail" can be explained using the International Phonetic Alphabet (IPA) transcription. The first word, "fee," is pronounced as /fiː/, with a long "e" sound and a stressed syllable. The second word, "tail," is pronounced as /teɪl/, with a diphthong "ai" sound and a stressed syllable on the second syllable. Together, "fee tail" is pronounced as /fiː teɪl/. In legal terms, "fee tail" refers to an ancient type of estate in land where the property was passed down to a designated line of descendants.
Fee tail is a legal term referring to a type of estate in which the ownership of land is passed down within a family lineage, specifically to the direct descendants or heirs of the original grantee. Also known as "entail," fee tail is a restrictive form of property ownership that limits the ability to transfer or sell the land outside of the family bloodline.
Under fee tail, the property is inherited by the grantee's lineal descendants in perpetuity, ensuring that the land remains within the family and does not pass into the possession of someone unrelated. The grantee, called the "tenant in tail," holds a life estate interest in the property, meaning they have the right to possess and enjoy the land during their lifetime. Upon the tenant's death, ownership automatically passes to their direct descendants.
This type of estate is characterized by the "remainderman," who is the person designated to inherit the property after the tenant in tail's death. The remainderman holds a future interest and is usually specified in the original grant. It is possible for a fee tail to continue indefinitely through successive generations, provided there are direct descendants to inherit.
Fee tails were more common in historical legal systems, and many jurisdictions have since abolished or modified this form of property ownership due to its inherent limitations and complexities. However, some areas may still recognize fee tails and enforce their provisions in accordance with applicable laws and regulations.
The term "fee tail" originated from the Old French phrase "en taillez", which means "in the cut" or "in tail". In medieval English law, it referred to a type of estate called "fee tail", where the land was entailed or limited to the direct descendents of a particular individual and could not be passed outside the bloodline. Over time, "en taillez" transformed into "fee tail" in the English language to describe this specific kind of hereditary land ownership.