Fee Tail Interest

Fee Tail Interest

A fee tail interest is a type of property ownership that restricts inheritance to a specific line of descendants, typically within a family lineage. This legal arrangement ensures that the property passed down through generations remains within a designated bloodline, preventing the owner from transferring the property to non-family members through sale or will.

In a fee tail interest, the property owner (the "tenant") holds the estate for as long as they have direct descendants. Upon the death of the tenant, the property automatically passes to their heirs—usually their children—rather than being included in the tenant’s estate or distributed according to their will. This means that if the tenant has no eligible heirs, the property will revert to the original grantor or their successors.

For example, if a grandparent establishes a fee tail interest in a family home, the home can only be inherited by the grandchild’s children, preventing the property from being sold or inherited by spouses or other relatives outside the designated line. This form of ownership can create strong familial connections to the property but may also limit the flexibility of the current owner regarding the use or transfer of the property.

It’s important to note that the use of fee tail interests has diminished in modern estate planning and property law, as many jurisdictions have abolished them or made them difficult to enforce.