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Topic: Fee simple


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In the News (Mon 13 Oct 08)

  
  GSCCCA.org - Glossary
A state-licensed agent who, for a fee, acts for property owners in real estate transactions, within the scope of state law.
Land and tenements; an estate; the subject matter of a conveyance.
Fees paid by borrowers for the privilege of retiring a loan early.
www.gsccca.org /glossary.asp   (2601 words)

  
  Fee simple - Wikipedia, the free encyclopedia
Fee simple, also known as fee simple absolute, is an estate in land in common law.
The fee simple estate is also called "estate in fee simple" or "fee-simple title." and sometimes simply freehold in England and Wales.
According to William Blackstone, the great common law commentator, fee simple is the estate in land which a person has when the lands are given to him and his heirs absolutely, without any end or limit put to his estate.
en.wikipedia.org /wiki/Fee_simple   (650 words)

  
 Fee tail - Wikipedia, the free encyclopedia
Fee tail was formerly used during feudal times by landed nobility in order to create family settlements and to make certain that the land stayed in the family.
From the foregoing, attempting to mortgage land in fee tail would be risky and uncertain, since at the death of the owner the land passed by operation of law to children who had no obligation to the mortgage lender and whose interest was prior in right over the mortgage.
Fee tail was a device tuned to the needs of family settlements in the thirteenth century, but it was never popular with the monarchy, the merchants, or many entailed holders themselves who wished to sell their land.
www.wikipedia.org /wiki/Fee_tail   (625 words)

  
 Fee simple article - Fee simple allodial common real property William Blackstone mortgaged rent - What-Means.com   (Site not responding. Last check: 2007-10-09)
Fee simple, also known as fee simple absolute or allodial, is a term of art in common law.
It also was formerly contrasted with fee tail, traditionally created by the words of grant "to N. and the heirs of his body"; under fee tail, the owner could not alienate the property, which was supposed to be passed on to the direct descendants of the owner.
Other estates in land include the fee simple conditional, the fee simple defeasible, the fee simple determinable, the fee simple subject to a condition subsequent, the fee simple subject to an executory limitation, and the life estate.
www.what-means.com /encyclopedia/Fee_simple   (375 words)

  
 Fee simple -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-09)
Fee simple, also known as fee simple absolute, is an (Extensive landed property (especially in the country) retained by the owner for his own use) estate in land in (A system of jurisprudence based on judicial precedents rather than statutory laws) common law.
The fee simple estate is also called "estate in fee simple" or "fee-simple title." and sometimes simply (Tenure by which land is held in fee simple or for life) freehold in England and Wales.
Land held in fee simple can be conveyed to whomever its owner pleases; it can be (A conditional conveyance of property as security for the repayment of a loan) mortgaged or put up as security as well.
www.absoluteastronomy.com /encyclopedia/f/fe/fee_simple.htm   (576 words)

  
 "Fees, Feodum Or Feudum" Defined & Explained
Fee may be fixed at the outset of performance, as in a cost-plus-fixed-fee contract, or may vary (within a contractually specified minimum-maximum range) as in a cost-plus-incentive fee contract.
A fee simple is an estate inlands or tenements which, in reference to the ownership of individuals, is not restrained to any heirs in particular, nor subject to any condition or collateral determination except the laws of escheat and the canons of descent, by which it may, be qualified, abridged or defeated.
Qualified fee is an interest given on its first limitation, to a man and to certain of his heirs and not to extend to all of them generally, nor confined to the issue of his body.
www.lectlaw.com /def/f070.htm   (575 words)

  
 Encyclopedia: Fee simple
How ownership is limited by government powers such as taxation, eminent domain, police power, and escheat often involves the shift from allodial title to fee simple such as when uniting with other property owners ceding to property restrictions or municipal regulation.
Freehold is a term used in real estate or real property law, land held in fee simple, as opposed to leasehold, which is land which is leased.
Simple - in the unconstrained sense: In historical linguistics, etymology is the study of the origins of words.
www.nationmaster.com /encyclopedia/Fee-simple   (2519 words)

  
 Ovr92s
Determine the number and composition of leasehold to fee simple conversions that have occurred in the period from 1967 through September, 1991.
Fee simple and leasehold single family resale prices within individual neighborhoods have generally moved in tandem over the years.
If the fee simple conversion had led to a surge in resale activity, the ratio of resales in a particular neighborhood to that of all Oahu would have shown a distinct peak around that time.
www.state.hi.us /auditor/Overviews/1992/92s.htm   (2131 words)

  
 Principality of Range View - Fee simple title ___   (Site not responding. Last check: 2007-10-09)
Fee Simple title is a Contractual Agreement with a government seal, between the present owner and the previous owner, involving neither a third nor other parties.
A fee simple is the most extensive in quantum, and the most absolute in respect to the rights which it confers, of all estates known to the law.
With respect to the expression "fee simple," the view enunciated in the joint opinion that "fee simple" indicates the quantum of estate, and not feudal tenure, is confirmed by the observation of Viscount Haldane for the Privy Council in the White Cap Case (Amodu Tijani v.
www.brumbywatchaustralia.com /Principality18.htm   (14933 words)

  
 Fee Simple vs Leasehold: Buyer and Seller Articles from Hawaii Choice Homes   (Site not responding. Last check: 2007-10-09)
Fee simple also known as fee simple absolute or allodial ownership is probably the most familiar form of property ownership to buyers of residential property, especially on the US Mainland and common law countries.
The fee simple owner has the right to possess, use the land and dispose of the land as he wishes - sell it, give it away, trade it for other things, lease it to others, or pass it to others upon death.
It is extremely important to understand fee simple vs leasehold because it: affects your decision to buy, affects your ability to obtain a loan and it affects your ability to sell.
www.hawaiichoicehomes.com /articles/buying/fee_simple.htm   (440 words)

  
 Kevin's English law glossary: fee simple
A `fee simple' interest in land (see interest (land and property)) is a type of freehold interest that allows its owner and his general heirs the enjoyment of the land indefinitely.
As with all freeholds, the fee simple is not conditional on the payment of rents (although it may be attached to a rentcharge), and is not derived from the title of anyone else (with the notional exception of the Crown, perhaps).
The most important of these were the entail (`fee tail') and the life estate, both of which were lesser interests with an ultimate reversion to the fee simple owner.
www.kevinboone.com /lawglos_fee_simple.html   (184 words)

  
 Kauai real estate Fee Simple / Leasehold   (Site not responding. Last check: 2007-10-09)
Fee Simple - Fee simple ownership is probably the most familiar form of ownership to buyers, especially from the Mainland.
It is sometimes called "fee simple absolute" because it is the most complete form of ownership.
The fee simple owner has the right to sell the property, give it away, trade it for other things, lease it to others or pass it to others upon death.
www.oceanfrontrealty.com /realestatefee.htm   (207 words)

  
 PARKS, PROPERTY RIGHTS, AND THE POSSIBILITIES OF THE PRIVATE LAW
Because the owner of the fee simple absolute has the whole bundle of sticks,43 he enjoys possession that is of potentially infinite duration.
To illustrate: The owner in fee simple absolute of a beautiful meadow can, subject to the police power or private promises, control its use, and if he is so inclined he can preserve the meadow in its natural state for use as a park for himself or anyone he chooses.
With the payment of a fee, the economic benefit to the landowner is clear, and the cases would undoubtedly reach the same result, perhaps on the older theory of economic benefit,76 as that achieved under the theory of an implied representation of reasonable care.
www.cato.org /pubs/journal/cj1n2-6.html   (10964 words)

  
 Mississippi Real Estate Dictionary: Fee Simple Absolute
Often called a fee or fee simple; the most comprehensive ownership of real property known to the law; the largest bundle of ownership rights possible in real estate.
In modern estates, the terms "Fee" and "Fee Simple" are substantially synonymous.
"Fee Simple Absolute" is an estate in real property, by which the owner has the greatest power over the title which it is possible to have, being an absolute estate.
www.ms-real-estate.info /dictionary/2005/02/fee-simple-absolute.html   (141 words)

  
 Here Today, Here Tomorrow -- Chapter 7
Courts have carefully scrutinized tools like a determinable fee simple and a fee simple upon condition subsequent, because landowners are trying to have their cake and eat it too — to give land away, but still maintain some control over it.
However, in the case of a determinable fee simple, unless the donating landowner also has an easement or a statutory right of way, he or she will not be able to go onto the land to check on compliance without the consent of the conservation organization.
Similarly, although this chapter focuses on a fee simple estate on condition, it is possible to attach conditions to the creation of an estate, whether freehold or less than freehold.
www.wcel.org /wcelpub/5110/5110c7.html   (1433 words)

  
 Fee Simple vs. Leashold - Coldwell Banker Bali Hai   (Site not responding. Last check: 2007-10-09)
Fee Simple is the type of ownership that most of you are accustomed to.
Leasehold, conversely, is the property to which title remains yours for a specified period of time, at the end of which the property reverts tot the part that hold title in Fee Simple.
The first reason is that the Fee holder wishes the property to remain in his estate but would like to derive some income from the property.
www.balihai.com /realestate/faq/leasehold.html   (395 words)

  
 Real Estate Definitions - FEE SIMPLE   (Site not responding. Last check: 2007-10-09)
FEE SIMPLE - The largest estate one can possess in real property.
A fee simple estate is the least limited interest and the most complete and absolute ownership in land: it is of indefinite duration, freely transferable and inheritable.
Fee simple title is sometimes referred to as "the fee.
www.real-estate-for-sale.net /glossary/refs170.html   (49 words)

  
 SurfWax: News, Reviews and Articles On Fee Simple
Included in the asset acquisition were approximately 200 acres of land owned fee simple, 43 Windmatic wind turbines, all the necessary interconnection equipment and transformers and the assignment to Western Wind Energy of the 30 year power purchase agreement with Southern California Edison due to expire in 2014...
Lohman stated that the applicant is not in favor of fee simple title but he would provide easement as necessary to Clark County workers Following discussion and public input, the board agreed to drop their conditions requiring landscaping of residential streets and public access from residential to commercial areas.
The tract was not given in fee simple, however, but was to be held by the Indians at the pleasure of the colony.
www.lawkt.com /files/Fee_Simple.html   (4200 words)

  
 Osoyoos Indian Band v. Oliver (Town)
Moreover, it is obvious that the fee simple is not necessary to operate and maintain the canal since those activities are currently the responsibility of the Town, which appears to have some kind of leasehold interest in the land.
Thus, because a fee simple interest in land is logically incompatible with an aboriginal interest in land, it is clear and plain that s.
Moreover, it is obvious that the fee simple is not necessary to operate and maintain the canal since those activities are currently the responsibility of the Town of Oliver, which appears to have some kind of leasehold interest in the land.
www.lexum.umontreal.ca /csc-scc/cgi-bin/disp.pl/en/pub/2001/vol3/html/2001scr3_0746.html?query=%22osoyoos%22&langue=en&selection=&database=en/jug&method=all&retour=/csc-scc/cgi-bin/srch.pl?language=en~~method=all~~database=en%2Fjug~~query=osoyoos~~x=10~~y=10   (16383 words)

  
 : SI 01110.515 - Ownership in Fee Simple or Less Than Fee Simple - 01/21/93   (Site not responding. Last check: 2007-10-09)
Fee simple ownership means absolute and unqualified legal title to real property.
Upon his or her death,property held in fee simple can always pass to the owner's heirs.
Fee simple ownership may exist with respect to property owned jointly or solely.
policy.ssa.gov /poms.nsf/lnx/0501110515   (699 words)

  
 Lease Hold vs. Fee Simple - Maui Real Estate - Home and Business Realty - Hawaii - Arnawood Iskenderian
The best way to describe Fee Simple, is to say that it is the type of ownership that most of you are accustomed to.
Leasehold, conversely, is property to which title remains yours for a specified period of time, at the end of which the property reverts to the party that holds title in Fee Simple.
The first reason is that the Fee holder wishes the property to remain in his estate but would like to drive some income from the property.
www.mauibuyersbroker.com /prop_owners/fs_vs_lh.html   (418 words)

  
 Terry Farrell-Your Real Estate Resource tfarrell@tfarrell.com   (Site not responding. Last check: 2007-10-09)
Fee simple title is clear title, that is "clear" of any liens.
Fee simple title is a legal description for the highest and best title available for real property.
Only when title is held in fee simple can a clear title be granted you.
www.tfarrell.com /article.19960416.html   (308 words)

  
 LANDLORD AND TENANT (GROUND RENTS) (NO. 2) ACT, 1978 SECTION 26
(6) Every term and condition attaching to the grant of the fee simple pursuant to this section shall be binding upon the purchaser thereof, his personal representatives and successors in title.
(7) A vesting of the fee simple under this section shall be effected by a transfer order under section 90 of the Housing Act, 1966.
(9) Where a housing authority has not the fee simple in any land on which it has provided dwellings under statutory authority, the authority shall be entitled to acquire the fee simple and for that purpose the provisions of Part II shall apply to the authority.
www.irishstatutebook.ie /ZZA16Y1978S26.html   (293 words)

  
 Here Today, Here Tomorrow -- Chapter 5
Two of the main features of ownership of land in fee simple are disposition, the unfettered right to dispose of the land, and possession, the right to occupy and use the land.
In each case, the rights of the holder of the estate in fee simple, the landowner, are divided so that the landowner keeps the right to sell the land and the tenant gets the right to occupy and use the land for the term of the lease.
The owner of the fee simple has the right to exclusive possession of his or her land as well as the right to use the land in the ways that he or she wants, subject only to the laws governing land use.
www.wcel.org /wcelpub/5110/5110c5.html   (7814 words)

  
 Canadian Real-Estate Law Fee simple ... NOT!
Legal fiction, indeed, because the owner in fee simple can do what he or she pleases with the land including sale to another and the ability to pass it on to next-of-kin ad infinitum (this latter characteristic distinguishes the fee simple estate from the life estate as we shall explore below).
If the words "to Bob forever" or "to Bob in fee simple" were used, the law would interpret this as meaning that a life estate only was intended, after which the land lay without a legal owner, reverting back to the lord!
In many ways, the life tenant's legal relationship with the party who is to enjoy the fee simple at the end of the life estate, is similar to that existing between income and capital beneficiaries of a trust, as is discussed in the Canadian Trust Chamber and in Re Chupryk in Canadian Real-Estate Case Law.
www.duhaime.org /Real-estate/ca-re7.aspx   (1441 words)

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