Fee simple

is a manner of holding land whereby the may be disposed of without any particular restrictions and/or without the consent of the local lord. It is unlike which is a way of holding land such that there are restrictions on who may obtain the land. Most land is held in fee taile and cannot be sold or inherited without the consent of the  (or granter) because most or all land in a feudal kingdom really belongs to the.

Overview
In, a fee simple or fee simple absolute is an , a form of ownership. A “” is a vested, inheritable, present possessory interest in land. A “fee simple” refers to a sub-category of such interests that features an absence of any temporal condition limiting its durational period under common law, whereas the highest possible form of ownership interest that can be held in is a “fee simple absolute,” which is a sub-set characterized by an absence of limitations regarding the land’s use (such as qualifiers or conditions that disallow certain uses of the land or subject the vested interest to termination). is reserved to governments under a civil law structure. The rights of the fee-simple owner are limited by government powers of, , , and , and may also be limited further by certain or conditions in the , such as, for example, a condition that required the land to be used as a public park, with a  interest in the grantor if the condition fails; this is a fee simple conditional.

History
The word “fee” is derived from, meaning a landholding. existed in several varieties, most of which involved the having to supply some service to his overlord, such as  (military service). If the tenant’s overlord was the king,, 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 or, 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 law
In English common law, the had  or the  of all land in England, meaning that it was the ultimate “owner” of all land in the past feudal era. However, the Crown can grant ownership in an —called an 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”, sometimes simply “freehold” in England and Wales. From the start of the period, when  was introduced to England, the  or “holder” of a  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 “”. The 1290 of  abolished subinfeudation and instead allowed the sale of fee simple estates.

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 or put up as security. Owners of 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, 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. A fee also could be limited through the method of its inheritance, such as by an “entailment”, which created a. 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.

Duration
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, and.

Types of fee simple
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 ). 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.

Rent
The claim that no or similar obligations are due from the owner of property in fee simple is only partially true. For example, a 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.

Etymology
Fee – A right in law to the use of land; i.e. a. Simple – in the unconstrained sense: 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.
 * 1) without limit to the inheritance of heirs;
 * 2) unrestricted as to transfer of ownership.

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