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Simple English definitions for legal terms

fee simple

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A quick definition of fee simple:

A fee simple is the highest level of ownership you can have for a piece of land. It means you have all the rights to the land and can keep it forever. When someone sells land, they usually use a special paper called a deed that says "to X and their heirs" to transfer the fee simple. There are also three other types of fee simple that have some conditions attached. Even though there can only be one fee simple at a time, the owner can split it up and give parts to other people. For example, they can give someone the right to use the land for their whole life, but then it goes back to the original owner when they die.

A more thorough explanation:

A fee simple is the highest form of property ownership, granting the owner all traditional property rights. This means that the owner has complete control over the property and can use it, sell it, or give it away as they wish. The fee simple interest lasts forever, and there can only be one fee simple owner at a time for any given piece of land.

For example, if John owns a fee simple interest in a piece of land, he has the right to use the land, build on it, and sell it. No one else can claim ownership of the land while John is alive and has not transferred his ownership to someone else.

There are different types of fee simple interests, including:

  • Fee simple absolute: The owner retains both title and possession to the land regardless of any future events or circumstances.
  • Fee simple determinable: The ownership automatically reverts back to the grantor if a certain condition is met.
  • Fee simple subject to a condition subsequent: The ownership can be repossessed by the grantor if a certain condition is met.
  • Fee simple subject to an executory interest: The ownership transfers to a third party other than the grantor if a certain condition is met.

For example, if Jane grants a fee simple determinable interest in her land to a school, the ownership of the land will automatically revert back to Jane if the school stops using the land for educational purposes.

Although there can only be one fee simple owner at any point in time, the owner can split their fee simple into different parts. For example, the owner can grant a life estate to someone, which allows them to use the property for the length of their life. When the life estate holder passes away, ownership of the property reverts back to the fee simple owner.

Overall, a fee simple interest is a powerful and valuable property right that gives the owner complete control over their land.

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