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 West Virginia (WV), fee simple ownership represents the most comprehensive type of real property ownership. This form of ownership grants the holder full rights to the property, including the right to use it, sell it, lease it, or pass it on to heirs. However, these rights are subject to certain limitations imposed by government authority. Property taxes are a primary example of a fee simple owner's obligation to the government. Additionally, the government retains the power of eminent domain, which allows it to compel the sale of private property for public use, provided that just compensation is given, as outlined in both the U.S. Constitution and West Virginia state law. The state's police powers may also impose limitations on property use for the protection of public health, safety, and welfare. If a property owner dies intestate (without a will) and without heirs, the property may escheat, or revert, to the state. Lastly, fee simple ownership may be subject to encumbrances or deed restrictions that dictate specific conditions or limitations on the use of the property.