US A determinable fee estate is an interest in land that is granted to a person and his heirs, but subject to a qualification that the duration of the estate must end upon the occurrence of an event that may, or may not, happen. For example, a fee held for as long as the property is used for a particular purpose. For example, land is granted as long a it is used as a school.
History[ edit ] The word "fee" is derived from fiefmeaning a feudal landholding. Feudal land tenures existed in several varieties, most of which involved the tenant having to supply some service to his overlord, such as knight-service military service.
If the tenant's overlord was the king, Grand Serjeantythen this might require providing many different services, such as providing horses in time of war or acting as the king's ceremonial butler. These fiefs gave rise to a complex relationship between landlord and tenant, involving duties on both sides.
For example, in return for receiving his tenant's fealty or homagethe overlord had a duty to protect his tenant. When feudal land tenure was abolished all fiefs became "simple", without conditions attached to the tenancy. Common law[ edit ] In English common law, the Crown had radical title or the allodium of all land in England, meaning that it was the ultimate "owner" of all land in the past feudal era.
However, the Crown can grant ownership in an abstract entity —called an estate in land—which is what is owned rather than the land it Real property fee simple determinable.
The fee simple estate is also called "estate in fee simple" or "fee-simple title", sometimes simply "freehold" in England and Wales. From the start of the Norman period, when feudalism was introduced to England, the tenant or "holder" of a fief could not alienate sell it from the possession of his overlord.
However, a tenant could separate a parcel of the land and grant it as a subordinate fief to his own sub-tenant, a process known as sub-enfeoffing or " subinfeudation ". The Statute of Quia Emptores abolished subinfeudation and instead allowed the sale of fee simple estates.
William Blackstone defined fee simple as the estate in land that a person has when the lands are given to him and his heirs absolutely, without any end or limit put to his estate. Land held in fee simple can be conveyed to whomsoever its owner pleases; it can also be mortgaged or put up as security.
Historically, estates could be limited in time. Common temporal limitations include life estatea land ownership that terminates upon the grantee's or another person's death even if the land had been granted to a third party, or a term of years, a lease for a specified term, such as in an estate for years.
A fee also could be limited through the method of its inheritance, such as by an "entailment", which created a fee tail. Traditionally, fee tail was created by words of grant such as "to N.
If no heirs could be found, then the property would revert to the original grantor's heirs. Most common law countries have abolished entailment by statute. Duration[ edit ] An estate in fee simple denotes the maximum ownership in land that can be legally granted; it is the greatest possible aggregate of rights, powers, privileges and immunities available in land.
The three hallmarks of the fee simple estate are that it is alienabledevisable and descendible. Creation and characteristic of fee simple[ edit ] Rules requiring words of general inheritance to create fee simple by conveyance have been abolished by statute in the United States.
Modern deeds usually follow a standardized form. There is a presumption that the testator intends to convey his or her property in fee simple unless the will indicates an intention to transfer a smaller estate, such as a life estate.
In the United States, life estates are most commonly used either to grant someone use of the property for the remainder of that person's life in a will, or by a grantor to reserve the right to continue using the property for the remainder of the grantor's life after it is sold.The term simple is added to distinguish clearly this estate from other interests in real property.
fee simple. n.
absolute title to land, free of any other claims against the title, which one can sell or pass to another by will or inheritance. concurrent estate, defeaaible estate, fee simple determinable, fee tail, future estate, leasehold.
Megarry & Wade: The Law of Real Property (8th ed. London: ), §§ 3–, 3– (Determinable Fee Estate). Terms in bold including determinable fee estate, conditional fee simple and qualified fee are defined and explained in Real Estate Defined Online.
metin2sell.com English law, for ‘determinable fee estate’ see determinable fee simple. 2. (US) A determinable fee estate is an interest in land that is granted to a person and his heirs, but subject to a qualification that the duration of the estate must end upon the occurrence of an event that may, or may not, happen.
For example, a fee held for as long as the property is used for a particular purpose. Fee simple determinable.
A fee simple determinable is an estate that will end automatically when the stated event or condition occurs. The interest will revert to the grantor or the heirs of the grantor. A fee simple defeasible is a fee simple that deals with the conveyance of a property with conditions.
Types of fee simple defeasible include fee simple determinable, fee simple subject to condition subsequent, and fee simple subject to executory limitation. Fee simple determinable. A fee simple determinable is an estate that will end automatically when the stated event or condition occurs.
The interest will revert to the grantor or the heirs of the grantor. Normally, a possibility of reverter follows a fee simple determinable.
However a possibility of reverter does not follow a fee simple .