fee simple

fee simple
Typically, words "fee simple" standing alone create an absolute estate in devisee and such words followed by a condition or special limitation create a defeasible fee. Babb v. Rand, Me., 345 A.2d 496, 498. ===
Absolute. A fee simple absolute is an estate limited absolutely to a person and his or her heirs and assigns forever without limitation or condition. An absolute or fee-simple estate is one in which the owner is entitled to the entire property, with unconditional power of disposition during one's life, and descending to one's heirs and legal representatives upon one's death intestate. Such estate is unlimited as to duration, disposition, and descendibility. Slayden v. Hardin, 257 Ky. 685, 79 S.W.2d 11, 12. The estate which a man has where lands are given to him and to his heirs absolutely without any end or limit put to his estate. 2 Bl.Comm. 106.
The word "fee," used alone, is a sufficient designation of this species of estate, and hence "simple" is not a necessary part of the title, but it is added as a means of clearly distinguishing this estate from a fee-tail or from any variety of conditional estates. Fee-simple signifies a pure fee; an absolute estate of inheritance clear of any condition or restriction to particular heirs, being descendible to the heirs general, whether male or female, lineal or collateral. It is the largest estate and most extensive interest that can be enjoyed in land.
Conditional. Type of transfer in which grantor conveys fee simply on condition that something be done or not done. A defeasible fee which leaves grantor with right of entry for condition broken, which right may be exercised by some action on part of grantor when condition is breached. At common law an estate in fee simple conditional was a fee limited or restrained to some particular heirs, exclusive of others. But the statute "De donis" converted all such estates into estates tail. 2 Bl.Comm. 110.
Defeasible. Type of fee grant which may be defeated on the happening of an event. An estate which may last forever, but which may end upon the occurrence or nonoccurrence of a specified event, is a "fee simple defeasible". Newbern v. Barnes, 3 N.C.App. 521, 165 S.E.2d 526, 530.
Determinable. A "fee simple determinable" is created by conveyance which contains words effective to create a fee simple and, in addition, a provision for automatic expiration of estate on occurrence of stated event. Selectmen of Town of Nahant v. U. S., D.C.Mass., 293 F.Supp. 1076, 1978

Black's law dictionary. . 1990.

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  • fee simple — fee sim·ple n pl fees simple [simple without limitation (as to heirs) and unrestricted (as to transfer of ownership)]: a fee that is alienable (as by deed, will, or intestacy) and of potentially indefinite duration; esp: fee simple absolute in… …   Law dictionary

  • Fee simple — is an estate in land in common law. It is the most common way 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… …   Wikipedia

  • Fee simple — Fee Fee (f[=e]), n. [OE. fe, feh, feoh, cattle, property, money, fief, AS. feoh cattle, property, money; the senses of property, money, arising from cattle being used in early times as a medium of exchange or payment, property chiefly consisting… …   The Collaborative International Dictionary of English

  • fee simple — UK US noun [U] (also fee absolute) PROPERTY, LAW ► the right to own a building or piece of land without time limit: »The vendor was granted the fee simple of the property. → Compare LEASEHOLD(Cf. ↑leasehold) → …   Financial and business terms

  • fee simple — n. 〚Anglo Fr: see FEE & SIMPLE〛 absolute ownership of real property with unrestricted rights of disposition * * * …   Universalium

  • fee simple — Real property in which the owner is entitled to the entire property and subject to no conditions (SA Bankruptcy.com) Title to ownership without restriction or limitation. For example ownership of land in fee simple means the land is owned out… …   Glossary of Bankruptcy

  • fee simple — n. [Anglo Fr: see FEE & SIMPLE] absolute ownership of real property with unrestricted rights of disposition …   English World dictionary

  • fee simple — Typically, words fee simple standing alone create an absolute estate in devisee and such words followed by a condition or special limitation create a defeasible fee. Babb v. Rand, Me., 345 A.2d 496, 498. === Absolute. A fee simple absolute is an… …   Black's law dictionary

  • fee simple — Synonyms and related words: adverse possession, alodium, burgage, claim, colony, copyhold, de facto, de jure, dependency, derivative title, equitable estate, estate at sufferance, estate for life, estate for years, estate in expectancy, estate in …   Moby Thesaurus

  • fee-simple — feodum simplex, a simple or pure fee; fee simple Feodum talliatum, a fee tail. In old English law, a seigniory or jurisdiction. A fee, a perquisite or compensation for a service …   Black's law dictionary

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