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					Estates

Fee Simple & Fee Tail




Walsingham’s Case (1579)
“… the land itself is one thing, and the estate in land is
another thing, for an estate in the land is a time in the
land, or land for a time, and there are diversities of
estates, which are no more than diversities of time, for he
who has a fee-simple in land has a time in the land
without end, or the land for a time without end, and he
who has land in tail has a time in the land or the land for
time as long as he has issues of his body, and he who has
an estate in land for life has no time in it longer than for
his own life, and so of him who has an estate in land for
the life of another, or for years.”




Example
From A “to B for B’s life, and then to C and her heirs”




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Estates

Freehold Estates
  Life Estate
  Fee Tail
  Fee Simple




Estates

Freehold Estates
  Life Estate
  Fee Tail
  Fee Simple
Leasehold Estates




Estates

Freehold Estates
  Life Estate
  Fee Tail
  Fee Simple
Leasehold Estates
Copyhold Estates




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Transferring Freehold Estates

feoffment by livery of seisin

  feoffor
  feoffee




Inter Vivos Transfer – Fee Simple

“to A and his/her heirs”




Inter Vivos Transfer – Fee Simple

“to A and his/her heirs”

  Words of purchase




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Inter Vivos Transfer – Fee Simple

“to A and his/her heirs”

 Words of limitation




Inter Vivos Transfer – Fee Simple

D’Arundel’s Case (1225)




Transfers After Death

Thomas v. Murphy (1990)




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Legislative Change in B.C.
Property Law Act
19 (1) In the transfer of an estate in fee simple, it is
  sufficient to use the words “in fee simple” without the
  words “and his heirs”.




Legislative Change in B.C.
Property Law Act
19 (1) In the transfer of an estate in fee simple, it is
  sufficient to use the words “in fee simple” without the
  words “and his heirs”.

  (2) A transfer of land to a person without words
  limiting the interest transferred … passes the fee
  simple or the greatest estate or interest in the land
  that the transferor has power to transfer, unless the
  transfer expressly provides that a lesser estate or a
  particular interest is being transferred.




Legislative Change in B.C.
Land Title Act
s. 186
   (5) … if the transfer does not contain express words
   of limitation, the transfer operates to transfer the
   freehold estate of the transferor in the land to the
   transferee in fee simple.




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Legislative Change in B.C.
Land Title Act
s. 186
   (5) … if the transfer does not contain express words
   of limitation, the transfer operates to transfer the
   freehold estate of the transferor in the land to the
   transferee in fee simple.
   (6) … if the transfer contains express words of
   limitation, the transfer operates to transfer the
   freehold estate … in accordance with the limitation.




Legislative Change in B.C.
Wills Act
s. 24
   Unless a contrary intention appears by the will, if real
   property is devised to a person without words of
   limitation, the devise passes the fee simple or the
   whole of any other estate that the testator has the
   power to dispose of by will in the real property.




The Rule in Shelley’s Case
“to A for life, remainder to A’s heirs”




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BC Legislation
Wills Act
25 Unless a contrary intention appears by the will, if
  property is devised or bequeathed to the heir or next
  of kin of the testator or of another person, the devise
  or bequest takes effect as if it had been made to the
  persons among whom and in the shares in which the
  estate of the testator or other person would have
  been divisible if the testator or other person had died
  intestate.




Fee Tail
“to A and the heirs of his/her body”




Fee Tail
Fee Tail
   Special
   General
      Male
      Female




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Fee Tail
Fee simple conditional

Statute de Donis Conditionalibus (1285)




Strict Settlement




Strict Settlement
Founder (fee simple)

Child (tenant for life)

Grandchild (tenant in tail)

   RESETTLEMENT
   An agreement that on the death of the Child…




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Strict Settlement
Grandchild (tenant for life)

Great Grandchild (tenant in tail)

    RESETTLEMENT
    An agreement that on the death of the Grandchild …




Strict Settlement
Great Grandchild (tenant for life)

Great Great Grandchild (tenant in tail)

    RESETTLEMENT
    An agreement that on the death of the Great Great
      Grandchild…




Shelley, “Ozymandias”
I met a traveller from an antique land
Who said: "Two vast and trunkless legs of stone
Stand in the desert . . . Near them, on the sand,
Half sunk, a shattered visage lies, whose frown,
And wrinkled lip, and sneer of cold command,
Tell that its sculptor well those passions read
Which yet survive, stamped on these lifeless things,
The hand that mocked them, and the heart that fed:
And on the pedestal these words appear:
'My name is Ozymandias, king of kings:
Look on my works, ye Mighty, and despair!'
Nothing beside remains. Round the decay
Of that colossal wreck, boundless and bare
The lone and level sands stretch far away.




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Property Law Act
10 (1) An estate in fee simple must not be changed into
  a limited fee or fee tail, but the land, whatever form of
  words is used in an instrument, is and remains an
  estate in fee simple in the owner.

  (2) A limitation which, before June 1, 1921, would
  have created an estate tail transfers the fee simple or
  the greatest estate that the transferor had in the land.




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