Whence the "fee tail" as an estate in real property, and why?

[michael zwingli]

Jurisdiction

Other

Hello to all forum members. I am new to this forum, and in fact, to online fora in general, so that I don't know what I can expect here...

I decided to come here to open a discussion on a legal topic which has become of interest to me lately. Said topic is that of estates in land/real property. My interest is in land interests held in other than "fee simple", particularly those which might restrict the divisibility and alienability of the real estate, and also provide a measure of immunity from liability to the normal operation of law. I would like to open what will hopefully be a rich and often theoretical discussion with the following question: Why has the "fee tail" estate in land been abolished within most (if not all) jurisdictions in the United States? What are the foundational justifications for such abolition? Are such abolitions based upon the lack of a "monarch" from which such a fee might originate? If so, could not the individual state government act as the "monarch" within such a trust? Otherwise, is the restriction imposed by the entailment of the property seen as a violation of the property rights of the heirs of the originator of the estate? Or, rather, are there other justifications which have been advanced for the abolitions of the fee tail within the various states of the U.S.?

I would be very interested to have the opinions of all of you upon this issue. Also, if any of the members might indicate written materials, landmark cases, legal challenges, or any other materials from the literature which touch upon this topic it will be greatly appreciated.

Thank you.

 

[zddoodah]

"Fee tail" is one of those terms that law students learn about in the property class in the first year of law school and then most promptly forget (unless they practice real estate law in one of the four states where it hasn't been abolished).

I suggest you read this.

Any discussion beyond that is not likely on a general message board. Perhaps you can contact some real estate lawyers in Massachusetts, Maine, Delaware and Rhode Island or some property law professors.

 

[michael zwingli]

Thanks, zddoodah, for the answer. I have read everything that I can find on the internet about fee tail estates, which is not much... I am hopeful that someone in the legal profession who has read about or otherwise studied this somewhat archaic concept, or who has a passion for the theory of the law, will come across my posting, and be able to provide me with some information, guidance, or point me towards resources regarding it. Most real estate attorneys have probably never dealt with this, and, as you have noted, likely forgot about the concept as soon as they took the final exam for their land law class. I have considered law professors, but I am somewhat loath to impose myself upon people.

 

[KatDini]

...I am somewhat loath to impose myself upon people.

Well, what do you think you are doing here?

 

[michael zwingli]

I would think that I am trying to initiate a conversation with other people who are, similarly to myself, interested in legal topics of both a practical and theoretical nature, and who, dissimilarly from myself, are eminently knowledgeable in the field... I think that some busy law professors might resent an intrusion by myself for an answer to some arcane question.