Fee simple absolute, also called fee simple or an estate in fee, is the default presumption of ownership. The owner has all rights in the bundle of rights: possession, control, enjoyment, exclusion, and disposition. The estate has no conditions or limitations (unlike a fee simple defeasible, which can be lost if conditions are violated). Fee simple absolute lasts indefinitely and passes to heirs through a will or intestate succession.
A homeowner holds fee simple absolute title to their property. They can live in it, rent it, renovate it, sell it, give it away, or leave it to heirs in their will. No conditions are attached and the ownership never expires.
Fee simple absolute = the MOST complete ownership. It is the DEFAULT ownership presumed unless stated otherwise. Compare with fee simple defeasible (has conditions—if violated, ownership may revert). Compare with life estate (ends at death). Exam tip: "fee simple" without qualifiers means fee simple absolute.
Related Terms
Related Concepts
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
A freehold estate represents ownership of real property with an indefinite duration.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
Frequently Asked Questions
Study This in Your State
Fee Simple Absolute may have state-specific rules. Choose your state to study Property Ownership with localized content: