What Is Estate Fee Simple?

What are the characteristics of a fee simple estate?

A fee simple is an interest in property, often land, that has two unique characteristics: The property may be possessed infinitely….Fee Simple AbsoluteThe right of possession.The right of alienation.The right of exclusion..

Is a fee simple estate inheritable?

The fee simple absolute is inheritable; the life estate is not. A fee simple absolute is the most extensive interest in real property that an individual can possess because it is limited completely to the individual and his heirs, assigns forever, and is not subject to any limitations or conditions.

What does fee simple mean in a deed?

An interest in land. Land owned in fee simple is owned completely, without any limitations or conditions. This type of unlimited estate is called absolute. A fee simple is generally created when a deed gives the land with no conditions, usually using the words like “to John Doe” or “to John Doe and his heirs”.

What are the two types of fee simple estate?

Fee simple estates, like all estates, remain subject to government restrictions and private interests. There are two forms of fee simple estate: absolute and defeasible.

Is your property owned in fee simple?

Fee simple is a term that refers to real estate or land ownership. The owner of the property has full and irrevocable ownership of the land and any buildings on that land. He is free to do whatever he wishes on the land subject to local zoning ordinances. Fee simple and fee simple absolute are the same thing.

What is the difference between fee and fee simple?

An interest in property that allows its holder and his or her heirs to own and possess the property in perpetuity. Defeasible Fee: A fee simple interest that can be terminated by the occurrence or non-occurrence of an event or condition.

What is the opposite of fee simple?

A Lessee gives compensation to the Lessor for the rights of use and enjoyment of the land much as one buys fee simple rights; however, the leasehold interest differs from the fee simple interest in several important aspects.

What is another term for fee simple?

fee simple absolute in possession. fee simple absolute in possession. fee simple absolute in possession. fee simple absolute in possession. fee simple defeasible.

What would diminish a fee simple estate?

A fee simple represents absolute ownership of land, and therefore the owner may do whatever he or she chooses with the land. If an owner of a fee simple dies intestate, the land will descend to the heirs. The term fee used independently is an adequate designation of this type of estate in land.

What is the difference between a fee simple estate and a life estate?

A land owner of an estate cannot give a “greater interest” in the estate than he or she owns. That is, a life estate owner cannot give complete and indefinite ownership (fee simple) to another person because the life tenant’s ownership in the property ends when the person who is the measuring life dies.

What happens to a life estate after the person dies?

When the life tenant dies, the property passes to the remaindermen. … The remaindermen will then be the outright owners of the property, they will have the power to use or sell the property, and their creditors may take action to reach the property.

What is another name for a fee simple determinable estate?

The highest form of ownership recognized by the law. Another name for fee simple estate. … Also referred to as determinable, conditional or qualified fee. A defeasible fee creates an encumbrance on the title and runs with the land. There are two types: conditional fee or determinable fee.

What does estate in fee simple mean?

Estates of Freehold This can include estate in fee simple, or life estate. The estate in fee simple is the largest estate in duration. … The estate in fee simple is capable, indefinitely, of transfer inter vivos or devolution on death.

What are the two types of fee simple Defeasible?

Are There Different Types of Fee Simple Defeasible? Fee Simple Determinable. A fee simple determinable automatically ends the interest in the property when a condition is violated or not met. … Fee Simple Subject To Condition Subsequent. … Fee Simple Subject To Executory Limitation.

What is complete fee simple title?

Fee simple is sometimes called fee simple absolute because it is the most complete form of ownership. A fee simple buyer is given title (ownership) of the property, which includes the land and any improvements to the land in perpetuity.

Why is a fee simple estate called the highest form of ownership interest?

Why is a fee simple estate called the highest form of ownership interest? – It cannot be taken by eminent domain or have a lien placed against it. – It includes the complete bundle of rights with virtually unlimited duration. … – It is not subject to estate taxes when passed on to legal heirs.