Entail Act 1685

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Entail Act 1685 [1]
Act of Parliament
Coat of Arms of Scotland (1660-1689).svg
Long title An Act concerning tailzies. [2]
Citation 1685 c. 26
(12mo ed: c. 22)
Other legislation
Repealed by Abolition of Feudal Tenure etc. (Scotland) Act 2000
Status: Repealed
Revised text of statute as amended

A 1685 Act of the Parliament of Scotland which codified tailzies and, in 1896, [2] was retitled the Entail Act 1685 (c 26) [12mo ed: c 22], was one of the Entail Acts. [3] It allowed entail settling heritable property inalienably on a specified line of heirs, restricting the rights of heirs. [4]

This Act was disapplied by section 2 of the Entail (Scotland) Act 1914.

The whole Act was repealed by sections 76(2) of, and Part I of Schedule 13 to, the Abolition of Feudal Tenure etc. (Scotland) Act 2000 on 28 November 2004. [5] See also sections 58, 62 and 75.

Related Research Articles

In English common law, fee tail or entail, or tailzie in Scots law, is a form of trust, established by deed or settlement, that restricts the sale or inheritance of an estate in real property and prevents that property from being sold, devised by will, or otherwise alienated by the tenant-in-possession, and instead causes it to pass automatically, by operation of law, to an heir determined by the settlement deed. The terms fee tail and tailzie are from Medieval Latin feodum talliatum, which means "cut(-short) fee". Fee tail deeds are in contrast to "fee simple" deeds, possessors of which have an unrestricted title to the property, and are empowered to bequeath or dispose of it as they wish. Equivalent legal concepts exist or formerly existed in many other European countries and elsewhere; in Scots law tailzie was codified in an Act of 1685 which in 1896 was given a short title as an Entail Act.

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References

  1. The citation of this Act by this short title was authorised by section 1 of, and Schedule 1 to, the Short Titles Act 1896. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. 1 2 "An Act concerning tailzies" is printed against this Act in the second column of Schedule 1 to the Short Titles Act 1896, which is headed "Title".
  3. The Short Titles Act 1896, section 2(1) and Schedule 2
  4. "Dictionaries of the Scots Language:: SND :: tailyie". Dictionaries of the Scots Language. 26 August 2023. Retrieved 26 August 2023.
  5. The Abolition of Feudal Tenure etc. (Scotland) Act 2000, sections 77(2)(a) and (d). The Abolition of Feudal Tenure etc. (Scotland) Act 2000 (Commencement No. 2) (Appointed Day) Order 2003 (SI 2003/456) (C 25), article 2