Property lawLesson 1 of 1 in the course Estates and leases

Fee Simple Estates: Duration, Transfer, Conditions, and Limits

5 flashcards · 5 quiz questions · 5 match pairs · 4 fill-in sentences · English

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Summary

This lesson introduces fee simple as a major form of land estate in English common law. It explains what a fee is, how fee simple relates to freehold ownership, and how the concept developed from feudal landholding.

A fee is a vested, heritable, present possessory interest in land. In other words, it is an ownership interest that exists now, can generally pass to heirs, and includes a right to possess the land.

All flashcards

What does it mean for a fee simple to be alienable?
The owner can transfer the estate during life, such as by sale or gift.
What does it mean for a fee simple to be devisable?
The owner can direct its transfer by will, subject to applicable law.
What is a fee simple determinable?
A fee simple that ends automatically when its stated durational condition is breached.
What is a fee simple subject to a condition subsequent?
A fee simple that continues after breach unless a right to terminate is exercised.
What is radical title in the English common-law framework?
The Crown’s ultimate title to land, distinct from estates granted in land.

Quiz questions

  1. What does it mean for a fee simple estate to be devisable?Answer: The owner can direct its transfer by will, subject to applicable law.
  2. What is a remainder in relation to a life estate?Answer: A later interest that follows the life estate.
  3. A grant says an estate lasts only while land is used as a public park. What happens if that use ends?Answer: The fee simple determinable ends automatically.
  4. A deed gives the grantor a right to enter and terminate an estate if a condition is breached. What is the estate’s status immediately after breach?Answer: It continues unless the grantor or successor exercises the termination right.
  5. Why can a fee simple absolute owner still be required to pay property taxes?Answer: The estate remains subject to generally applicable government powers and laws.

Based on the Wikipedia article Fee simple, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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