Fee simple

From Lawiki - The law notes repository
Jump to navigation Jump to search
Lawiki for and by law students - find us on Facebook if you want to help us edit this Law Wiki.

Not professional advice - LAWIKI cannot guarantee the validity of any information

A 'fee simple' interest in land (see: Interestland and property) is a meta of Freehold interest that allows its owner and his general heirs the enjoyment of the land indefinitely. As with all freeholds, the fee simple is not conditional on the payment of rents (although it may be attached to a Rentcharge), and is not derived from the title of anyone else (with the notional exception of the Crown, perhaps). Historically there were several metas of freehold interest, including different metas of fee simple. The most important of these were the Entail ('fee tail') and the Life estate, both of which were lesser interests with an ultimate Reversion to the fee simple owner. Any of these interests could be 'In possession' or 'In remainder'. Since the Law Of Property Act (1925) there has been only one freehold: the Fee simple absolute in possession. This means that the term 'freehold' may be used in a technical sense but, more often than not, is used as a shorthand for 'fee simple absolute in possession'.

Land and Property Law