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Fee simple information


In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., permanently) under common law, whereas the highest possible form of ownership is a "fee simple absolute", which is without limitations on the land's use (such as qualifiers or conditions that disallow certain uses of the land or subject the vested interest to termination).[1]

The rights of the fee-simple owner are limited by government powers of taxation, compulsory purchase, police power, and escheat, and may also be limited further by certain encumbrances or conditions in the deed, such as, for example, a condition that required the land to be used as a public park, with a reversion interest in the grantor if the condition fails; this is a fee simple conditional.[2]

  1. ^ "What Is Fee Simple In Real Estate?". www.rocketmortgage.com. Retrieved 2023-07-27.
  2. ^ Indiana Court of Appeals (2007). Jensen v. City of New Albany. 868 N.E.2d 525.{{cite book}}: CS1 maint: location (link) CS1 maint: location missing publisher (link)

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Fee simple

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In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory...

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Fee tail

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terms fee tail and tailzie are from Medieval Latin feodum talliatum, which means "cut(-short) fee". Fee tail deeds are in contrast to "fee simple" deeds...

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Defeasible estate

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defeasible estates are the fee simple determinable, the fee simple subject to an executory limitation or interest, and the fee simple subject to a condition...

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Allodial title

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defence of the land. Most property ownership in common law jurisdictions is fee simple. In the United States, the land is subject to eminent domain by federal...

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Land tenure

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Canada, Ireland, New Zealand, United Kingdom, United States) being in fee simple. Allodial title is inalienable, in that it may be conveyed, devised, gifted...

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Fief

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Book of Fees, a scholarly collection of fiefs Brahmadeya, a royal fief given to a Brahmin for service to an Indian king. Enfeoffment Fee simple Fee tail...

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Eminent domain

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qualitatively (either partially in fee simple or, commonly, an easement, or any other interest less than the full fee simple title). The term "eminent domain"...

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Life estate

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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...

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Estate in land

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fee simple fee simple absolute—most rights, least limitations, indefeasible defeasible estate—voidable possession and use fee simple determinable fee...

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Feoffment

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could be made of fees of various feudal tenures, such as fee-tail or fee-simple. The term feoffment derives from a conflation of fee with off (meaning...

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Fee farm grant

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fief or fiefdom, meaning a feudal landholding, and a fee farm grant is similar to a fee simple in the sense that it gives the grantee the right to hold...

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Quitclaim

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some other person. For example, a tenant in possession might acquire a fee simple in the land from a superior landowner such as a freeholder. In such a...

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Warranty deed

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Treasure trove Bailment License Alienation Estates in land Allodial title Fee simple Fee tail Life estate Defeasible estate Future interest remainder Concurrent...

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Rule against perpetuities

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so long as alcohol is not sold on the premises." This would create a fee simple determinable in A, with a possibility of reverter in the grantor (or the...

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Real property

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Remainder: A remainder arises when a tenant with a fee simple grants someone a life estate or conditional fee simple, and specifies a third party to whom the land...

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Condition subsequent

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condition subsequent, this creates a defeasible fee called a fee simple subject to condition subsequent. In such a fee, the future interest is called a "right...

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Torrens title

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the vendor conveyed the fee-simple estate to P1, but retained the title deeds and fraudulently purported to convey the fee-simple estate to P2. The latter...

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Peasant

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serfs, and free tenants. Peasants might hold title to land outright (fee simple), or by any of several forms of land tenure, among them socage, quit-rent...

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Blackacre

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school or bar exam question on real property might say: Adam, owner of a fee simple in Blackacre, conveyed the property "to Bill for life, remainder to Charles...

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Mortgage law

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under right of reversion. The borrower (reverser) conveyed by charter a fee simple estate, in consideration of a loan, to the lender (wadsetter) who on redemption...

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Condominium

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the state and its applicable laws. Condominiums are usually owned in fee simple title, but can be owned in ways that other real estate can be owned, such...

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Leasehold estate

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sold on the open market. A leasehold thus differs from a freehold or fee simple where the ownership of a property is purchased outright and after that...

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Real estate appraisal

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Leased fee value – This is simply the fee simple interest encumbered by a lease. If the lease is at market rent, then the leased fee value and the fee simple...

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