Re Ethel and Mitchell and Butler's Contract
1901 · 1 Ch 105
Posted By lanbuk.com
- Facts
- A vendor's title depended on a conveyance that used the words 'in fee' and not 'in fee simple', at a time when statute had authorised the longer phrase but not the shorter one.
- Issue
- Did 'in fee' pass the ?
- Held
- No. It was not a sufficient limitation. The estate that passed was a .
- Principle
- Before the modern presumption in favour of the fee simple, the statutory words had to be used. 'In fee' was not 'in fee simple'.
- Why it matters
- It shows show why the later Sierra Leone section, passing the fee simple unless a contrary intention appears, was needed.
Words and Latin in this note
- Life estate
- An estate that lasts for a life, and ends when that person dies. It cannot be left by will. Open the 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.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.