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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 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).
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.[1]
HistoryEdit
The word "fee" is related to the term fief, meaning
a feudal landholding. Feudal land tenures existed in several varieties,
most of which involved the tenant having to supply some service to his
overlord, such as knight-service (military service). If the tenant's overlord
was the king, grand serjeanty, then this might require providing many
different services, such as providing horses in time of war or acting as the
king's ceremonial butler. These fiefs gave rise to a complex relationship
between landlord and tenant, involving duties on both sides. For example,
in return for receiving his tenant's fealty or homage, the overlord had a
duty to protect his tenant. When feudal land tenure was abolished, all fiefs
became "simple", without conditions attached to the tenancy.
Common lawEdit
In English common law, the Crown had radical title or the allodium of all
land in England, meaning that it was the ultimate "owner" of all land in
the past feudal era. Allodial title is reserved to governments under a civil
law structure.
However, the Crown can grant ownership in an abstract entity - called
an estate in land - which is what is owned rather than the land it
represents. The fee simple estate is also called "estate in fee simple" or
"fee-simple title", or sometimes simply "freehold" in England and Wales.
From the start of the Norman period, when feudalism was introduced to
England, the tenant or "holder" of a fief could not alienate (sell) it from the
possession of his overlord. However, a tenant could separate a parcel of
the land and grant it as a subordinate fief to his own sub-tenant, a process
known as sub-enfeoffing or "subinfeudation". The 1290 Statute of Quia
Emptores abolished subinfeudation and instead allowed the sale of fee
simple estates.[2]
William Blackstone defined fee simple as the estate in land that a person
has when the lands are given to him and his heirs absolutely, without any
end or limit put to his estate. Land held in fee simple can be conveyed to
whomsoever its owner pleases; it can also be mortgaged or put up as
security.[3] Owners of real property in fee simple have the privilege of
interest in the property during their lifetime and typically have a say in
determining who gets to own an interest in the property after their death.
Historically, estates could be limited in time. Common temporal limitations
include life estate, a land ownership that terminates upon the grantee's
(or another person's) death even if the land had been granted to a third
party, or a term of years, a lease for a specified term, such as in an estate
for years. A fee also could be limited through the method of its
inheritance, such as by an "entailment", which created a fee tail.
Traditionally, fee tail was created by words of grant such as "to N. and the
male heirs of his body", which would restrict those who could inherit the
property. If no heirs could be found, then the property would revert to the
original grantor's heirs. Most common law countries have abolished
entailment by statute.
DurationEdit
An estate in fee simple denotes the maximum ownership in land that can
be legally granted; it is the greatest possible aggregate of rights, powers,
privileges and immunities available in land. The three hallmarks of the fee
simple estate are that it is alienable, devisable and descendible.
Creation and characteristic of fee simpleEdit
Rules requiring words of general inheritance to create fee simple by
conveyance have been abolished by statute in the United States. [4] To
convey an estate in fee simple at common law, the deed or will must state
"to B and his heirs." Anything short of those words transferred a smaller
estate.
Modern deeds usually follow a standardized form. There is a presumption
that the testator intends to convey his or her property in fee simple unless
the will indicates an intention to transfer a smaller estate, such as a life
estate.[4]
Life estateEdit
Many jurisdictions retain the possibility of creating a life estate, although
this is uncommon. In the United States, life estates are most commonly
used either to grant someone use of the property for the remainder of
that person's life in a will, or by a grantor to reserve the right to continue
using the property for the remainder of the grantor's life after it is sold.
The right to ownership of the property after the death of the life estate
owner is called the remainder estate. In England and Wales fee simple is
the only freehold estate that remains; a life estate can only be created
in equity and is not a right in property.
Retained life estate giftEdit
In the United States, retained life estates are often used by donors who
intend to leave property as bequests to charitable organizations while
retaining the use of the property during their lifetimes. The donor receives
a tax deduction for the gift of their remainder interest in the property, and
at the donor's death, the property passes to the organization without
being subject to probate. Retained life estate gifts often involve
agreements about acceptable uses of the property, payment of real estate
taxes, property maintenance, etc. during the donor's lifetime.
Types of fee simpleEdit
If previous grantors of a fee simple estate do not create any conditions for
subsequent grantees, then the title is called fee simple absolute. A fee
simple absolute is the highest estate permitted by law, and it gives the
holder full possessory rights and obligations now and in the future. Other
fee simple estates in real property include fee simple defeasible (or fee
simple determinable) estates. A defeasible estate is created when a
grantor places a condition on a fee simple estate (in the deed). When a
specified event happens, the estate may become void or subject to
annulment. There are two types of defeasible estates: fee simple
determinable and the fee simple subject to a condition subsequent. If the
grantor uses durational language in the condition such as "to A. as long as
the land is used for a park", then upon the happening of the specified
event (in this case if the land is used for anything other than a park), the
estate will automatically terminate and revert to the grantor or the
grantor's estate; this is called a fee simple determinable. If the grantor
uses language such as "but if alcohol is served", then the grantor or the
heirs have a right of entry if the condition occurs, but the estate does not
automatically revert to the grantor; this is a fee simple subject to a
condition subsequent. In most jurisdictions in the United States these
concepts have been modified by statute. Fee simple determinable was
generally preferred by courts in the common law of the early United
States. Recently, that trend has reversed, and most courts in the United
States will find a fee simple subject to condition subsequent in situations
where the conveying document's language is unclear.
RentEdit
The claim that no rent or similar obligations are due from the owner of
property in fee simple is only partially true. For example,
a rentcharge may exist requiring a freeholder to pay a fixed sum of money
closely resembling rent, and many jurisdictions have created financial
obligations that may be imposed on a freehold estate. England and Wales
impose an estate charge. In the United States, fee simple owners are
usually subject to property tax and the revenue generated is directed to
the municipality's general fund. Other local tax assessments called
"special purpose taxes" may be assessed in addition to the property taxes
for specific purposes such as infrastructure improvements. Real estate
owned as a condominium is usually similarly owned in fee simple, but
typically subject to rules in the declaration of condominium or created by
the condominium association, such as paying required monthly fees for
maintaining the property's common areas; however, these are generally
treated legally as covenants running with the land (contracts binding on
the possessors of real property) imposing an affirmative duty to pay
money rather than as rent for property held in fee simple.
EtymologyEdit
Fee – A right in law to the use of land; i.e. a fief. Simple – in the
unconstrained sense:
1. without limit to the inheritance of heirs;
2. unrestricted as to transfer of ownership.

The English word fee ultimately goes back to the Indo-European

root *peku, which refers to moveable wealth, that is, cattle. The Latin
word pecunia, money, also comes from this root and
becomes pecuniary in English. The root appears in Modern German
as Vieh, cattle, beast. [5]
See alsoEdit
 Freehold (law), covering all types and mentioning trusts and most
common, major, adverse interests.
o Freehold (Scots law)
 Allodial title
  Fee tail
 Leasehold
 Life estate
 Quia Emptores

Notes
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4.
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Last edited 4 months ago by Onel5969

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