Bankes v Small
1887 · 36 Ch D 716
Posted By lanbuk.com
- Facts
- A tenant in tail purported to enlarge his interest without having the consent required to bar the completely. What passed was a base fee. The question was how that base fee could later become a .
- Issue
- Can a base fee be enlarged after the obstacle to barring the entail has gone?
- Held
- Yes. A later disentailing assurance, made when the consent was no longer needed, or a merger with the remainder, enlarges the base fee into a fee simple.
- Principle
- A base fee lasts only as long as the entail would have lasted, but it can be turned into a fee simple once the statutory conditions are met.
- Why it matters
- It is the authority under the Fines and Recoveries Act 1833.
Words and Latin in this note
- Fee simple
- The fullest form of land ownership: the owner holds the land for ever and can sell, give away or leave it by will. Open the note.
- Fee tail
- An inheritable estate cut down to a line of descendants, from feodum talliatum, a fee that has been cut. On failure of that line the land goes back. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.