A woman possesses a fee simple estate. Which of the follow can she NOT do to the property?
Question & Answer
Review the question and all answer choices
Sell it
A fee simple owner has the most complete ownership interest possible, including the right to sell or transfer the property. This right of alienation is fundamental to fee simple ownership. There are no restrictions mentioned in the question that would prevent the owner from selling the property, making this option incorrect.
Subdivide it
A fee simple owner has the right to subdivide their property as they see fit, subject to local subdivision regulations. The question doesn't mention any restrictions on subdivision. While local laws may regulate the process, the fundamental right to divide and sell portions of the property is inherent in fee simple ownership.
Use it contrary to zoning regulations
Will it
A fee simple owner has the right to devise property through a will as part of their bundle of rights. This is known as the right of descent. The owner can freely determine who inherits their property after death through proper estate planning, making this option incorrect.
Why is this correct?
A fee simple owner cannot use property contrary to zoning regulations because zoning is an exercise of police power, which restricts how property can be used even by the owner. This governmental limitation applies regardless of the type of ownership interest.
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