A fee simple with no restrictions whatsoever is referred to as a fee simple absolute. Hence, an individual who has a fee simple not only has a present ownership interest but also may decide who acquires ownership interests in the future. Fee simple and fee tail are two such devices.Ī fee simple is an ownership interest which confers upon its holder full control over the future disposal of the land with which it is associated. To address this concern, our law of property has a variety of devices which are intended to assist property owners transmit their property in exactly the manner they wish it to be transmitted. One of the overriding concerns of real property owners is the successful transmission of ownership to their property. Today we will cover two terms which both take their origin from feudal England: fee simple and fee tail. Much of our property law nomenclature derives straight from medieval English society. This is perhaps most evident in our law of property. As we have discussed before, American law descends from English law, and as a consequence many of our legal concepts and much of our legal language are borrowed directly from this source.
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