Also known as:fees · attorney's fee · court fee · charge · payment · compensation
Written by attorneys · grounded in primary & secondary sources — see below
An estate in land of potentially infinite duration created by conveyance to a person and his heirs. The estate is freely alienable during life and passes by inheritance to the grantee's heirs upon death.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Conspiracy Charge Despite Impossible Goal
Fernando Farrell and Floyd Franklin agreed to sell a parcel they believed they owned in fee simple. External facts later showed the seller lacked title, making completion impossible. The agreement and intent alone established the conspiracy.
Mortgage Securing Debt on Fee Land
Felicia Fuentes conveyed her fee simple estate to a trustee under a deed of trust to secure repayment of a loan from Fidelity Trust. Upon default the lender could foreclose on the fee interest.
Presidential Election by State Electors
Freya Freeman owned land in fee simple in a state that appointed electors. The state's electors cast votes that helped determine the President under the constitutional process.
Frank Fisher offered evidence of prior instances in which the victim had conveyed property held in fee simple to show the victim's character for generosity in a fraud claim.
Judge Handling Family Fee Matter
A judge drafted a deed conveying family land held in fee simple for a relative without compensation and without appearing in court as counsel.
Lawyer Using Confidential Fee Data
A former government lawyer used confidential information about a fee dispute acquired while a public employee to represent a private client adverse to the original party.
Common questions
Frequently Asked
3
How is a fee simple estate created?+
A fee simple estate is created by a conveyance containing words of general inheritance such as 'to B and his heirs.'
Supporting sources
What rights does the holder of a fee simple possess?+
The holder may alienate the land during life and the estate passes automatically to heirs at death.
Supporting sources
Does a fee simple estate ever end automatically?+
A fee simple absolute continues indefinitely unless conveyed or devised. Only a defeasible fee ends upon a stated event.
Supporting sources
376 U.S. 254 (1964)Remedies
…affirmation of the right to live in human dignity as guaranteed by the U. S. Constitution and the Bill of Rights." It went on to charge that "in their efforts to uphold these guarantees, they are being met by an unprecedented wave of terror by those who would deny and negate that document which the whole world looks upon as…