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 Rhode Island, fee simple ownership represents the most complete form of ownership in real estate, granting the holder full rights to the property, subject to certain limitations. The owner of a fee simple estate has the right to use, enjoy, and dispose of the property without any time limitations, and these rights can be transferred to heirs. However, the rights associated with fee simple ownership are not absolute and are subject to governmental powers. These include the power to tax the property, the right of the government to take the property for public use through eminent domain, and the enforcement of zoning and other land use regulations under the state's police powers. Additionally, if an owner dies intestate (without a will) and without heirs, the property may escheat, or revert, to the state. Fee simple ownership may also be limited by encumbrances or deed restrictions that dictate specific uses or prohibit certain actions on the property. These limitations are consistent with the general principles of property law in the United States and are enforced through Rhode Island's legal framework, including its constitution, statutes, and case law.