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
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
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