Fee simple is an ownership interest in real property that is the most full, unlimited, and absolute property interest recognized by law. This ownership interest of title in fee simple is also referred to as fee simple absolute; estate in fee simple; fee simple title; or simply fee, and the term is usually used to indicate the real property ownership interest a seller is transferring to a buyer.
The rights of a fee simple property owner are limited by the government’s power to tax the land (property taxes) and to purchase the land through the compulsory process mandated by state law—often as provided in the state’s constitution or in the state’s statutes—which is known as eminent domain.
In limited circumstances fee simple ownership may also be subject to the state’s police powers, the law of escheat (when the property owner dies without a will and without heirs), and encumbrances or deed restrictions on the use of the land.
In Missouri, fee simple ownership represents the most complete form of ownership in real estate, granting the holder full rights to the property, including the right to use it, sell it, or bequeath it. However, these rights are subject to certain limitations. The government retains the power to levy property taxes on the land, and it can also take the property through eminent domain for public use, provided fair compensation is given, as outlined in both the U.S. Constitution and Missouri state law. Additionally, the state can claim ownership of the property under its escheat laws if the owner dies intestate (without a will) and without any legal heirs. Lastly, the use of fee simple property may be restricted by zoning laws under the state's police powers, as well as by any encumbrances or deed restrictions that may have been placed on the property. These limitations are designed to balance private property rights with the interests of the public and the state.