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common recovery
A common recovery was a legal proceeding in England that enabled lawyers to convert an entailed estate (a form of land ownership also called a fee tail) into absolute ownership, fee simple. This was accomplished through the use of a legal fiction devised by lawyers in the fifteenth century to prevent the enforcement of entails. It was based on the reasoning of the judges in a 1472 case usually known as Taltarum's Case.
==Background==
Entails were originally designed to keep ownership of land within a family. Thanks to the effects of the statute De donis conditionalibus, the intent of the entail could not be broken, which meant that land in fee tail could not simply be sold, transferred, or mortgaged, as whatever the current owner did with it, ownership would automatically pass on their death to those specified by the entail. While entails performed a valuable function in the 13th century, when ''De donis conditionalibus'' was enacted, by the 15th century, changes in social and economic conditions meant that landowners were more concerned with being able to freely sell, convey or mortgage their land. It was in this time that the common recovery was devised as a way of circumventing ''De donis conditionalibus''.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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