Tailzie

Tailzie, in Scots law, is the feudal concept of the inheritance of immovable property according to an arbitrary course that has been laid out, such as in a document known as a "deed of tailzie". It was codified by the Entail Act 1685.

Tailzie is similar to the common law concept of fee tail, as the "heir in tailzie" is entailed to the property. An "heir in tailzie" could not sell the property so inherited, except to the feu superior (that is, to the holder of the dominum directum of the feu).

Alternate spellings of the word are tailie, taillie, tailze, tailyie, tailye, taylzie, teally, teilzie, telyie, teylyie tyle, talyee. It is derived from the Old French tailler (to cut) and taille (a cutting).

The definition was constructed from the sources. [1] [2] [3]

Additional explanations

The Entail Amendment Act 1848 gave an "heir in tailzie" the power to apply to the Court of Session to remove the "deed of tailzie" and take possession of the estate through fee simple. Part 5 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 disentailed all entailed land in Scotland and required the Keeper of the Registers of Scotland to close the Register of Entails.

See also

References

  1. ↑ Barclay, Hugh (1855). A Digest of the Law of Scotland (Second Edition). Edinburgh: T. & T. Clark. p. 955.
  2. ↑ Shumaker, Walter A.; George Foster Longsdorf (1922). The Cyclopedic Law Dictionary (Second Edition by James C. Cahill ed.). Chicago: Callaghan and Company. p. 991.
  3. ↑ "Scottish Language Dictionaries". Retrieved March 6, 2008. (entry "tailyie")
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