LegalFix

Real property

fee simple

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.



State Statutes for the State of Texas

CHAPTER 174 - COMMUTER RAIL DISTRICTS

(1) real property in fee simple; or (2) an interest in real property less than fee simple in, on, under, or above land, including an easement

CHAPTER 571 - SEAWALLS AND LEVEES IN COASTAL MUNICIPALITIES AND COUNTIES

authority, by order, ordinance, or resolution entered in its minutes, shall define and describe the real property to be acquired and shall determine whether an easement or fee simple interest in the real property

CHAPTER 425 - RESERVES AND INVESTMENTS FOR LIFE INSURANCE COMPANIES AND RELATED ENTITIES

(2) the lease agreement provides that the fee simple estate in the real property transfers automatically (3) the lease agreement provides that the lessee has an option to purchase the fee simple estate in the real property on or before the expiration of the term of the leasehold estate, including any renewal simple estate in the real property for that same amount, by assignment from the lessee or otherwise. (a) Subject to this section, an insurance company may invest in a real property fee simple or leasehold

CHAPTER 374 - URBAN RENEWAL IN MUNICIPALITIES

Except as provided by Section 374.016, a municipality may acquire by condemnation any interest in real property, including a fee simple interest, that the municipality considers necessary for or in connection

CHAPTER 460 - COORDINATED COUNTY TRANSPORTATION AUTHORITIES

(b) An authority may acquire by eminent domain any interest in real property, including a fee simple

CHAPTER 392 - HOUSING AUTHORITIES ESTABLISHED BY MUNICIPALITIES AND COUNTIES

(a) An authority may acquire an interest in real property, including a fee simple interest, by the exercise

CHAPTER 21 - EMINENT DOMAIN

expressly provided by law, the interest acquired by a condemnor under this chapter does not include the fee simple title to real property, either public or private.

CHAPTER 335 - SPORTS AND COMMUNITY VENUE DISTRICTS

of eminent domain under Chapter 21, Property Code, to acquire and condemn any interest, including a fee simple interest, in real property in the district, in connection with the planning, acquisition, establishment

Federal Statutes

§ 1991. Definitions

Hawaii the lessee-operator of real property in any case in which the Secretary determines that such real property cannot be acquired in fee simple by such lessee-operator, that adequate security is provided

§ 79c. Acquisition of land

In the event that the Secretary determines that the fee simple title to any property (real or personal