How can a fee tail be terminated according to Delaware law?

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In Delaware, a fee tail may be terminated by transferring the property as a fee simple. This means that the owner of a fee tail can choose to convert their interest into a fee simple absolute, which is the most complete form of ownership in real property, characterized by the ability to sell, transfer, or devise the property without further restrictions on the heirs' rights to inherit.

When a fee tail is converted to a fee simple, it effectively breaks the lineage requirement of the fee tail, allowing the property to be freely transferred or sold, thus terminating the fee tail interest. This action liberates the property from the constraints of inheritance that are specific to fee tail estates and enables the owner to exercise full ownership rights.

The other options do not provide lawful means of terminating a fee tail under Delaware law. Abandoning the property does not alter the nature of the estate, and a judicial decree or a will with different terms does not automatically convert the fee tail into a fee simple, as those mechanisms typically do not eliminate the existing fee tail structure.

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