Definition

Tailzie : The feudal

Feudalism

Feudalism was a set of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries, which, broadly defined, was a system for ordering society around relationships derived from the holding of land in exchange for service or labour.Although derived from the...

 concept of the inheritance

Inheritance

Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...

 of immovable property

Immovable property

Immovable property is an immovable object, an item of property that cannot be moved without destroying or altering it - property that is fixed to the Earth, such as land or a house. In the United States it is also commercially and legally known as real estate and in Britain as property...

 according to an arbitrary course that has been laid out, such as in a document known as a "deed of tailzie".

Tailzie is similar to the common law

Common law

Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 concept of fee tail

Fee tail

At common law, fee tail or entail is an estate of inheritance in real property which cannot be sold, devised by will, or otherwise alienated by the owner, but which passes by operation of law to the owner's heirs upon his death...

, as the "heir in tailzie" is entailed to the property. An "heir in tailzie" could not sell the property so inherited, except to the feu superior

Feu

Feu was previously the most common form of land tenure in Scotland, as conveyancing in Scots law was dominated by feudalism until the Scottish Parliament passed the Abolition of Feudal Tenure etc. Act 2000...

 (that is, to the holder of the dominum directum

Dominum directum

-Definitions:Dominum directum : the right of the lord in the disposition of an asset ....

of the feu

Feu

Feu was previously the most common form of land tenure in Scotland, as conveyancing in Scots law was dominated by feudalism until the Scottish Parliament passed the Abolition of Feudal Tenure etc. Act 2000...

).

Alternate spellings: tailie, taillie, tailze, tailyie, tailye, taylzie, teally, teilzie, telyie, teylyie tyle, talyee.

From Old French: tailler (to cut) and taille (a cutting).

The definition was constructed from the sources.

Additional explanations

The Entail Amendment Act 1848 gave an "heir in tailzie" the power to apply to the Court of Session

Court of Session

The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....

 to remove the "deed of tailzie" and take possession of the estate through fee simple

Fee simple

In English law, a fee simple is an estate in land, a form of freehold ownership. It is the most common way that real estate is owned in common law countries, and is ordinarily the most complete ownership interest that can be had in real property short of allodial title, which is often reserved...

. Part 5 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000

Abolition of Feudal Tenure etc. (Scotland) Act 2000

The Abolition of Feudal Tenure etc. Act 2000 was an act of the Scottish Parliament which was passed by the Parliament on 3 May 2000 and received Royal Assent on 9 June 2000....

 disentailed all entailed land in Scotland

Scotland

Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

 and required the Keeper of the Registers of Scotland

Registers of Scotland

Registers of Scotland is the Scottish Government agency responsible for compiling and maintaining records relating to property and other legal documents in Scotland....

to close the Register of Entails.