Fee Base - Law Dictionary Search Results
Recovery
record, in fraud of the statute De Donis, whereby a tenant-in-tail in possession enlarged his estate-tail into a fee-simple and so barred the entail, and all remainders and reversions expectant there-on, with all conditions and collateral limitations … a declaration of the uses when suffered. This method barring an estate-tail by a fictitious real action was based upon (a) the doctrine that the tenant-in-tail could sell the entailed lands for an estate in fee-simple, provided
Settled land
in possession (a) in tail, (b) for a legal estate subject to a limitation over, (c) for a base or determinable fee, or corresponding interest in leasehold land, (d) being an infant, for a legal estate, or … innovations which bring it into line with the rest of the land legislation of 1925, so that a fee-simple in possession or a term of years absolute (which are the only legal estates in existence) should be
Disentailing Deed
under the instrument creating the entail, his consent must be obtained, otherwise an equitable interest corresponding to a base fee only will be created. The deed usually consisted of a conveyance to a stranger to such uses … c. 74), a tenant-in-tail can bar his estate tail by disposing of the land for an estate in fee simple or any less estate, and thus defeat the rights of persons claiming under and after him (with
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Bas-Chevaliers
Bas-Chevaliers, low or inferior knights by tenure of a base military fee, as distinguished from bannerets, chief or superior knights. Hence we call our simple knights, viz., knights bachelors, bas-chevaliers,
Protector of the settlement
In the absence of such consent the remainderman can only bar his own issue and create a Base Fee (see that title). Under the (English) Fines and Recoveries Act, 1833 (3 & 4 Will. 4, c. 74),
Priority
property were swept into this rule, viz., all equitable interests inland (i.e., all estates for less than a fee simple absolute in possession or a term of years absolute and corresponding incorporeal hereditaments (see s. 1 of … of an estate in remainder or reversion were transformed into legal mortgages. Consequently the former rules of equity, based on the rule of equity 'qui prior in tempore potior est in jure' ceased to apply. Priority among
Presumptive title
stranger abates and holds out the heir. The law assumes that the actual occupant of land has the fee-simple in it, unless there be evidence rebutting such pre-sumption, or his possession be properly explained and shown to … and will indeed be strengthened, by lapse of time, into a title complete and indefeasible. This assumption is based on the well-known feudal maxim that seisin must be the basis or standpoint in the deduction of every
Copyhold
of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the … the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an
Hotchpot
frank-marriage by her ancestor, then, if lands descend from the same ancestor to her and her sister in fee-simple (not in fee-tail), she or her heirs shall have no share in them unless they will agree to … but would have more, then he must bring into hotchpots what he had before received. This principle is based upon the equitable doctrine of equality, being perfectly coincident with that conduct that a just parent would pursue
Remainder
be an estate in reversion. Thus if A. leases to B. for life, with remainder to C. in fee, and C, leases to D. For life, the estate of C. is still a remainder in reference to … contingent remainders to their pristine vigour although the Act had abolished real actions on which they were largely based. This Act, however, provided that the accidental determination by forfeiture, surrender or merger of a preceding estate of
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