Fee Simple Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Fee Simple, written in plain English, along with examples of how it is used.

What is Fee Simple?

n. Absolute title to land which is free from other claims against the title and is used to transfer title. The title can be sold or passed to another through a will or inheritance. The phrase is used to demonstrate that the fee is not conditional, determinable, or fee tail.

History and Meaning of Fee Simple

Fee Simple is a legal term used to describe absolute ownership of a piece of land, where the owner has complete control over the property and can use it however they wish. The term has its roots in English common law and was often used in the context of land ownership. Today, it is still a relevant concept in the United States and other countries around the world.

The concept of Fee Simple was introduced in medieval England when land was often held by a feudal lord who granted the land to a tenant in exchange for a rent. Over time, these leases became increasingly hereditary, and the tenant's family began to claim ownership over the land.

Fee Simple means that the owner has complete control over the land and can use it however they wish, as long as they don't violate any laws or regulations. It also means that there are no competing claims to the property, and the owner is free to sell or transfer the property to whomever they choose.

Examples of Fee Simple

  1. The Smith family owns a house and the land it sits on. They have Fee Simple ownership of the property, which means they have complete control over the land and can sell, transfer, or lease it at their discretion.

  2. John inherited a plot of land from his father and now has Fee Simple ownership of the property. He can use the land however he wishes and is free to sell or transfer the property to anyone he chooses.

  3. The city government acquired a large piece of land through a land grant and now has Fee Simple ownership of the property. They can use the land for public purposes, such as parks or public facilities, but cannot sell or transfer the property to a private owner.

Legal Terms Similar to Fee Simple

  1. Estate in Fee Tail - a legal term describing a form of land ownership where the property is passed down through the family bloodline.

  2. Life Estate - a legal term describing a form of land ownership that is granted for the duration of the owner's life.

  3. Leasehold - a legal term describing a form of land ownership where a tenant has the right to use the property for a specific period of time.