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Tailzie

From Wikipedia, the free encyclopedia
Concept in Scots law

InScots law,tailzie (/ˈtli/) is afeudal concept of theinheritance ofimmovable property according to an arbitrary course that has been laid out, such as in a document known as a "deed of tailzie". It was codified by theEntail Act 1685.[1][2][3]

Tailzie is similar to thecommon law concept offee tail, as the "heir in tailzie" is entailed to the property. An "heir in tailzie" could not sell the property so inherited, except to thefeu superior (that is, to the holder of thedominum directum of thefeu).

Other spellings of the word aretailie,taillie,tailze,tailyie,tailye,taylzie,teally,teilzie,telyie,teylyietyle,talyee. It is derived from theOld Frenchtailler 'to cut' andtaille 'cutting'. The 'z' was, until the simplification of printing to 26 characters, ayogh (tailȝie) and so is not sounded.[4][not specific enough to verify]

Additional explanations

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TheEntail Amendment Act 1848 gave all heirs in tailzie power to apply to theCourt of Session to cease the deed of tailzie, compensate respective claims, thus take estate possession infee simple. Part 5 of theAbolition of Feudal Tenure etc. (Scotland) Act 2000 disentailed all entailed land inScotland and required theKeeper of the Registers of Scotland to close the Register of Entails.

References

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  1. ^Barclay, Hugh (1855).A Digest of the Law of Scotland (2nd ed.). Edinburgh: T. & T. Clark. p. 955.
  2. ^Shumaker, Walter A.; Longsdorf, George Foster; Cahill, James C. (1922).The Cyclopedic Law Dictionary (2nd ed.). Chicago: Callaghan and Company. pp. 991.
  3. ^"tailyie".Scottish National Dictionary. University of Glasgow. 1974. Retrieved10 February 2025 – via Dictionaries of the Scots Language.
  4. ^Rahmatian, Andreas (31 January 2017).Lord Kames: Selected Writings. Andrews UK.ISBN 9781845409296 – via Google Books.

External links

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