Particular Tenants, Alienation By

Particular tenants, Alienation by, when they con-veyed by a feoffment, fine, or recovery, a greater estate that the law entitled them to make a forfeiture ensued to the person in immediate remainder or reversion. As if a tenant for his own life alienated by feoffment for the life of another or in tail or in fee, these being estate which either must or may last longer than his own, his creating them was not only beyond his power, and inconsistent with the nature of his interest, but was also a forfeiture of his own particular estate to him in remainder or reversion, who was entitled to enter immediately.

Fines and recoveries having been abolished and a feoffment having no longer a tortious operation (English) (Real Property Act, 1845, s. 4), a tenant, by creating a larger interest than he has in the property, did not after the passing of that Act incur a forfeiture, for such a creation was then void as to the excess, and good for his own interest, Steph. Com. 7th Edn. 463. The (English) R.P. Act, 1845, has been repealed by the (English) Law of Property Act, 1925, and conveyance by feoffments has been abolished by s. 51 of the L.P. Act, 1925.