#1 type of home ownership: Fee Simple

What is “Fee Simple” Title?

In most cases, the estate or interest to be conveyed by the current owner to the buyer will be “Fee Simple.”  The term “Fee Simple” has it’s origins in the English feudal system.  The ownership rights of the tenant on the land during the feudal system were complex and in many cases conditional.  At the end of the feudal system the fee (referring to the right of possession) added the term “simple” meaning there were no conditions attached to the right of possession of the owner or that the estate.  

Fee Simple (or Fee Simple Absolute) is the most commonly held manner of title of real property found in the United States.  Its primary attributes are that it is continuous and not terminable by some condition such as leasehold, in which the right of possession would revert to the owner upon expiration of the lease.  

The rights of the owner of a Fee Simple estate also continue after the death of the owner and pass automatically to their heirs or devisees.  Fee Simple is a form of freehold estate–absolute ownership of real property limited only by the governmental powers of taxation, eminent domain, and police power.