/STAT-yoot day DOH-nis kon-dish-un-AL-ih-bus/·statute
Also known as:De Donis Conditionalibus · Statute of De Donis Conditionalibus · De Donis · Statute De Donis
Written by attorneys · grounded in primary & secondary sources — see below
A statutory enactment from 1285 that converted estates in fee simple conditional into estates in fee tail. The statute required that land conveyed to a donee and the heirs of the donee's body descend only to the donee's lineal descendants rather than allowing the donee to alienate the land outright.
Sources & Authorities
How it applies
Common Examples
2
Attempted Sale of Inherited Land
Sophia Singh received a deed conveying an apartment complex to her and the heirs of her body. She later contracted to sell the property outright to Synergy Systems. Because the conveyance occurred in a jurisdiction where the statute remains unmodified, the attempted transfer to the company fails and the property remains subject to descent only through Sophia's lineal line.
Dispute Over Family Farm Conveyance
Zola conveyed the family farm to her daughter Sara and the heirs of her body. Sara later sought to mortgage the property and lease water rights to an outside entity. The statute prevents Sara from granting interests that would defeat the rights of her lineal descendants, leaving any such transaction subject to challenge by those heirs.
Put it into practice
Test Yourself
4
Practice Essays4
· 9 sources
Select any source to read its text and confirm it supports the definition.
Restatements
Casebooks
Hornbooks
Study Supplements
Robins Island Preservation Fund, Inc. v. Southold Dev. Corp.959 F.2d
Common questions
Frequently Asked
3
What estate does the statute create when a deed uses the words 'to A and the heirs of his body'?+
The statute converts the conveyance into a fee tail that passes only to the grantee's lineal descendants. The grantee cannot alienate the land in a manner that defeats those descendants' interests.
Supporting sources
Does the statute still operate in a jurisdiction that has never modified it by statute or judicial decision?+
Yes. The statute remains in force and continues to produce fee tail estates when the classic language appears in a deed.
Supporting sources
What happens if a fee tail tenant attempts to convey the land to a third party outside the bloodline?+
The conveyance is ineffective to the extent it would defeat the interests of the lineal heirs. The heirs retain the right to recover the property after the tenant's death.
Supporting sources
Real PropertyOwnership of real property · Present estates and future interestsUBEFoundational