Law · Legal Information · Justice
 

Fee simple

The most extensive tenure allowed under the intestate. In modern law, almost all land is held in fee simple and this is as close as one can get to absolute ownership in common law.

The most extensive tenure allowed under the feudal system - short of outright ownership - allowing the tenant to sell or convey by will or be transfer to a heir if the owner dies intestate.

In modern law, land held in many common law states is held in fee simple. This is as close as one can get to absolute ownership in common law.

As was stated in Megarry's The Law of Real Property:

"The largest estate in land, the fee simple, has come more and more to resemble absolute ownership, and its proprietor is commonly the owner of the land.

"The fee simple is the most substantial estate which can exist in land. Although strictly speaking, it is still held in tenure and therefore falls short of absolute ownership, in practice it is absolute ownership for nearly all traces of feudal burdens have disappeared."

In Standard Life v British Columbia Assessor, the British Columbia Court of Appeal noted that:

"(A)n estate in fee simple is the greatest estate and most extensive interest which a person can possess in land and property, being an absolute estate in perpetuity....

"(T)he fee simple interest is comprised of the entirety of the interests in the property."


REFERENCES:

 

Latest LagMag headlines:

Pro Bono Hypocrisy

Envelope please! (Drum roll.) The award for pro bono works goes to ... John Doe, Esquire and Q.C. ..... because he has the highest rates to his paying clients and he can afford to charade as a poverty avenger!

End of the World Law

As we all march to our lemming-like demise upon the cliff of environmental disaster, a path of law back to safety may yet be found.

Polygamy Now Safely Brewed In British Columbia?

The Provincial government's top law enforcement officer toys with not prosecuting polygamists and bigamists, anticipating a Charter ass-kicking in Court. If so, law is orphaned and we all suffer.


Read earlier headlines »
Subscribe to stay in touch »


Switch to variable width

Switch to fixed width

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top