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Simple English definitions for legal terms
barring of entail
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A quick definition of barring of entail:
Barring of entail is the process of freeing an estate from limitations that were imposed by an entail, which is a type of legal arrangement that restricts the inheritance of property to a specific group of heirs. This process allows the owner of the estate to dispose of it freely. In the past, this was done through a legal procedure called a fine or common recovery, but later it was done through a deed. Barring of entail is also known as breaking of entail or disentailment.
A more thorough explanation:
Barring of entail refers to the process of freeing an estate from the limitations imposed by an entail, which allows for its free disposition. This can be done through a fine, common recovery, or a deed in which the tenant and next heir join.
John inherited a property from his father, but it was entailed, which meant that he could not sell or dispose of it freely. However, John decided to break the entail and free the estate from its limitations, which allowed him to sell the property to someone else.
Another example of entail is when an estate is limited to the owner's issue or class of issue, rather than descending to all heirs. This is known as a fee tail, and it can be entailed to ensure that it remains within the family. For instance, if a father entailed his estate to his son and his son's heirs, it would ensure that the property remains within the family line.
Overall, barring of entail is a legal process that allows for the free disposition of an estate, which can be beneficial for those who wish to sell or transfer their property without any limitations.