Fee simple title - Posted by pete

Posted by Flavia Wade on June 19, 2005 at 09:52:32:

If a person possessing an estate in fee simple dies intestate and the estate is inherited by his heirs, what do the heirs become? Do they hold the estate in fee simple as joint tenants, tenants in common, or what?
Many thanks for your help.
Flavia Wade

Fee simple title - Posted by pete

Posted by pete on October 25, 2002 at 18:56:03:

Does fee simple title in real property equal free and clear title? I understand fee simple to be the absolute ownership in real property and not encumbered by liens or judgments.

Re: Fee simple title - Posted by Marjorie Sprague

Posted by Marjorie Sprague on January 28, 2003 at 13:26:56:

I am interested to see if Fee Simple Title and Alodial Title are one and the same. Is there any difference?

Re: Fee simple title - Posted by marvin t. flemmings

Posted by marvin t. flemmings on January 13, 2003 at 20:37:40:

to who it may concern:

i am interested in knowing how to tell when you have a “fee simple title”, deed. is there some type of seal or words stating such on a deed?

thanks
m. t. flemmings

Fee simple title - Posted by Jon Richards

Posted by Jon Richards on October 27, 2002 at 13:37:06:

Pete

Fee simple has nothing to do with any loans on the property.

A term used to describe the most complete ownership that a person can have over a property

Fee simple is the most common type of ownership that allows you to have unlimited control over a property ? most homes are held in fee simple. You can find this term written on the deed to your home, even if you have a lien on the property

Hope that helps

Jon Richards
NoteWorthy Newsletter
www.noteworthyusa.com
415 824 1864

Re: Fee simple title - Posted by David Butler

Posted by David Butler on October 27, 2002 at 12:16:37:

Hello Pete,

No… but a “fee estate” (aka fee simple estate, fee simple interest, or estate of inheritance) is the best and most inclusive type of ownership in real estate.

In its absolute sense (fee simple absolute), fee simple title generally means that the property owner owns the entire “bundle of rights” in real property - an estate limited to a person, his heirs and assigns, absolutely - without limitation or condition, with unconditional power of dispostion during his life, with such power descending to his heirs or legal representatives upon his death, even if intestate.

One of these rights of course, is his right to place liens on the property, grant easements or licenses, prohibit trespass, grant lease-hold estates or similar, and control usage… subject generally only to the “police powers” of the state and public policy.

Having a fee simple estate is what allows a property owner to have liens and encumbrances on the property in the first place - and his ownership of the property also makes it attractive for judgement creditors to place judgement liens on it!

Be aware too that fee-simple estates can have several limitations outside of government “police-powers”… these are commonly known as “defeasible” fee estates, or types of fee grants that may be defeated by the happening of a stipulated event (CC&R’s are types of defeasible fee-grants in many instances).

A fee-simple “conditional” estate for example, is a type of transfer in which the grantor conveys fee title, on condition that something else be done, or not be done. This might be a sale of property for the exclusive use as a site for religious worship; or forever barred from the sale or consumption of alchohol; etc… or fee simple "determinable, which is created by a conveyance that contains a provision for automatic expiration of estate on occurrence of a stated event… such as a “life-estate”, which general grants a person a fee simple estate during his life-time, but cuts off his ability to bequeath it to heirs.

Like most things, even ownership of property is not always absolute… even when it is :wink:

Hope this helps offer some clarification though!

David P. Butler

what is fee title? - Posted by mario

Posted by mario on March 08, 2006 at 16:27:55:

What is the difference between fee title and easement?