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Simple English definitions for legal terms
breaking of entail
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A quick definition of breaking of entail:
Breaking of entail: When someone owns a piece of land or property, they may want to make sure that it stays in their family for generations to come. This is called an entail. However, sometimes the family may want to sell the property or do something else with it. In order to do this, they need to break the entail. This means that they remove the restrictions that were put in place to keep the property in the family. This can be done by a legal process called a "barring of entail" which allows the property to be freely disposed of.
A more thorough explanation:
Definition: Breaking of entail, also known as barring of entail, is the process of freeing an estate from the limitations imposed by an entail and allowing it to be freely disposed of. This is typically done through a legal document in which the tenant and next heir join.
Example: In the past, breaking of entail was accomplished through a fine or common recovery. However, in modern times, it is done through a legal deed. For example, if a property is entailed to a specific family member, but they wish to sell it, they can break the entail by obtaining a legal document that releases the property from the limitations of the entail.
Explanation: Breaking of entail allows for greater flexibility in the transfer of property. Without it, the property would be tied to a specific family member and could not be sold or transferred without their consent. By breaking the entail, the property can be freely disposed of, allowing for greater economic opportunities and flexibility in property ownership.