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Fee simple is all of the following EXCEPT

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Question & Answer

Review the question and all answer choices

A

an estate of inheritance.

A is incorrect because fee simple is indeed an estate of inheritance. It can be passed to heirs through a will or intestate succession, making it inheritable and distinguishable from life estates that terminate upon a person's death.

B

a freehold estate.

B is incorrect because fee simple is classified as a freehold estate. Freehold estates represent ownership interests in land with indefinite duration, and fee simple is the most complete form of freehold estate.

C

a less-than-freehold estate.

Correct Answer
D

indefinite as to its duration.

D is incorrect because fee simple is indefinite as to its duration. Unlike life estates which terminate upon a specific person's death, fee simple has no natural termination date and can last indefinitely unless voluntarily terminated or limited by government action.

Why is this correct?

C is correct because fee simple is a freehold estate, not a less-than-freehold estate. Freehold estates include fee simple, life estates, and estates for years, all of which involve ownership of the land itself. Less-than-freehold estates are leasehold interests that grant possession but not ownership.

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