But the current owner decides to bulldoze over the burial grounds. The previous owner includes a condition on the contract that states a family burial yard has to remain untouched in perpetuity. Say that a piece of real estate is sold from one owner to a new owner. If the condition isn’t followed, the ownership of the property reverts to the original owner.
With fee simple defeasible, the prior owner sells the property to the next owner, but the deed includes a condition restricting how the next owner uses the land. Fee Simple Absoluteįee simple defeasible is similar to fee simple absolute, but they are not exactly the same thing. Fee simple ownership is also called fee simple absolute.Īdditionally, a fee simple owner can use or possess the land or dispose of it as they wish, including selling it, trading it for other things, leasing it, passing it to others upon death, or giving it away freely.īottom line: fee simple ownership means that the owner has complete and absolute ownership of their property without any strings attached.
As a result, no one can legally take the real estate from the owner so long as they have the fee simple title.
In a nutshell, fee simple ownership means that the buyer is given the title or ownership of the property, including the land and any improvements to the land, in perpetuity and with no limitations on its use. Fee simple ownership is the most common type of ownership for residential real estate owners.
