The Mudcat Café TM
Thread #15862   Message #699534
Posted By: Uncle_DaveO
27-Apr-02 - 07:24 PM
Thread Name: Origins: Pretty Saro
Subject: RE: Info on Pretty Saro?
Dicho reported, concerning "freehold" or ownership in fee simple, that: The "'Lectric Law Library" has a simpler definition (: "an interest in land which permits the owner to enjoy possession of real estate during his life without interference from others."

The "'Lectric Law Library" is wrong. If the definition goes no further than as quoted, it would merely be a "life estate" rather than outright ownership.

"Freehold" or "fee simple" gives the owner all rights, including the right to sell during his life or to dispose by will after death.

Then there's "fee tail", which sounds strange, and we need no bawdy jokes here, but it can be thought of as an relative of the "life estate" I referred to above. In this case, the thought is that the estate in question really belongs to the family or line of succession; it is "entailed". The holder of fee tail may use, lease out, build upon, or whatever during his lifetime, but may not sell the land, and may not will it to anyone else, because it must go to (is entailed to), for example, his oldest son, who then will have the same rights during his life, and it passes on to HIS (for example) oldest son, and so on forever.

Dave Oesterreich