Fee Simple

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Fee Simple

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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

fee simple

n. absolute title to land, free of any other claims against the title, which one can sell or pass to another by will or inheritance. This is a redundant form of "fee," but is used to show the fee (absolute title) is not a "conditional fee," or "determinable fee," or "fee tail." Like "fee" it is often used in deeds transferring title as in "Harry Hadit grants to Robert Gotit title in fee simple..." or similar words. (See: fee)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
Morgan Stanley Mortgage Capital provided the loan which is secured by the owner's fee-simple interest in the property.
NEW YORK, NY: Sonnenblick Goldman, serving as the exclusive advisor to a joint venture between Westbrook Partners, Walton Street Capital and Lodging Capital Partners, has arranged the $117.5 million sale of the fee-simple interest in the Conrad Chicago Hotel to DiamondRock Hospitality.
GLOUCESTER, MA: Sonnenblick Goldman, acting as the exclusive advisor to 21 Great Republic Drive, LLC, has arranged the sale/leaseback of the 100% fee-simple interest in 21-29 Great Republic Drive in Gloucester.