Fee simple absolute in possession

Is interest absolute? Are property interests fee simple absolute? A fee simple subject to a legal or equitable right of entry or re-entry is a fee simple absolute.

Where the fee simple is stated as being ‘in possession’, this means the land is currently being enjoye as well as being in the owner’s possession. What does ‘in possession’ mean? Definition of Fee Simple Absolute in Possession.

All others take effect as equitable interests. English property law. Define fee simple absolute in possession. It is a way that real estate and land may be owned in common-law countries, and is the highest possible ownership interest that can be held in real property. Allodial title is reserved to governments under a civil law structure.

A fee simple represents absolute ownership of land , and therefore the owner may do whatever he or she chooses with the land. If an owner of a fee simple dies intestate, the land will descend to the heirs. The term fee used independently is an adequate designation of this type of estate in land.

The only interests or charges in or over land which are capable of subsisting or of being conveyed or created. The owner of fee simple Estate in land is a Freehold owner: no rent is due to anyone (but see Rentcharge), and no-one has a stronger title to the land (with the notional exception of the Crown). The maximum possible interest (estate) one can possess in real property is the fee simple absolute.

It is unlimited as to duration,transferability,and descendability to heirs. Lesser types of fee simple estates include the fee simple defeasible and the fee simple determinable,both of which may result in loss of the property upon the happening of some event in the future. An estate in land of which the inheritor has unqualified ownership and power of disposition. Private ownership of real estate in which the owner has the right to control, use, and transfer the property at will. Highest form of legal estate in freehold land denoting complete ownership.

Fee simple absolute in possession is the proper name for freehold land. Synonyms for fee simple absolute in possession in Free Thesaurus. Antonyms for fee simple absolute in possession. It is the concept most people have in mind when they buy a home, but they should. A freehold interest in land.

Conveyancing Procedure. One of the things that happens when you get a fee simple is that you can dispose of a fee simple. Freehold (or to give it its full name, “ fee simple absolute in possession ”), is in practical terms absolute ownership.

The owner of the freehold estate has a perpetual right to use and occupy the property to the exclusion of all others (except anyone with a legal right over the property such as a right of way) and is free to sell, mortgage, lease, gift or bequeath the land as he wishes.

Learn vocabulary, terms, and more with flashcards, games, and other study tools. Fee Simple : The most absolute and unqualified estate which a subject may possess in land - freehold. Also to take effect as a lease the tenant must be given exclusive possession of the land ie.

Freehold - fee simple absolute in possession Leasehold - term of years absolute Commonhold - rare as rocking horse manure so dont worry In law the only one arguably with absolute ownership is the Crown as all land reverts to it.