What is fee simple?

Asked by Ellen Andersen, Clearwater, FL Mon Mar 18, 2013

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Suzanne MacD…, Agent, Succasunna, NJ
Tue Mar 19, 2013
The greatest possible estate in land, wherein the owner has the right to use it, exclusively possess it, commit waste upon it, dispose of it by deed or will, and take its fruits. 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. The term simple is added to distinguish clearly this estate from other interests in real property.

Source: West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
1 vote
Suzanne, you really explained this in terms that I could comprehend! I tried looking it up & got very confused & frustrated. Thank you!
Flag Tue Mar 19, 2013
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Tue Mar 19, 2013
It's the highest ownership in real estate that you can have but you are still limited by government such as taxes, eminent domain, encumbrances and how you hold deed.
0 votes
Anna M Brocco, Agent, Williston Park, NY
Tue Mar 19, 2013
Fee simple is a legal and most complete form of ownership in real esate; the owner is entitled to all rights to the property; for any necessary legal advice consult with an attorney who specializes in real estate.
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