Note: Look at the deed to real property.Anyone else who claims an interest in the real property, such as a lienholder or holder of an easement, has a lesser claim of right to the property than the fee simple owner. More specifically, a fee simple owner has full legal rights and powers to possess, use, and transfer the land to others. The holder of fee simple has complete rights recognized under the law, and these rights carry on in perpetuity (i.e., they never expire). Note: It may help in understanding fee simple ownership by comparing it to a life estate or an easement covering the real property.So, fee simple is a type or degree of ownership or rights that an owner has in real property. That is, they assume that they own the property in fee simple. Generally, a person who purchases real property (land) assumes that they own 100% rights in the property. It can be referred to as "complete ownership". What is a Fee Simple interest in real property?įee simple is the term used to represent the maximum ownership interest in real property that is allowed under the law.
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