Defeasible Studio Conveyance
Elizabeth conveyed the broadcast studio to Chad and his heirs. Chad mortgaged and developed the property as owner. The words of general inheritance created a fee simple absolute under the applicable Restatement rule.
Also known as: feuda simplicia · fee simple
Written by attorneys · grounded in primary & secondary sources — see below
A fee simple estate of potentially infinite duration inheritable by lineal and collateral heirs alike and freely alienable by the holder.
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Elizabeth conveyed the broadcast studio to Chad and his heirs. Chad mortgaged and developed the property as owner. The words of general inheritance created a fee simple absolute under the applicable Restatement rule.
Lord Fairfax's heirs claimed the Northern Neck territory under royal grants running to the patentees their heirs and assigns forever. The estate passed through successive generations without restriction to lineal issue only. The court treated the interest as fully inheritable by general heirs.
The Brandt Trust held land subject to a railroad right of way granted in fee. When the railroad abandoned the line the trust asserted full ownership. The Court confirmed that the original grant conveyed an estate of potentially infinite duration.
Weedon devised land to his wife for life with remainder to their children. The widow sought to sell the property claiming a larger estate. The court held that the will created only a life estate rather than an inheritable fee simple.
Homeowners faced foreclosure during the Depression and obtained a statutory extension of redemption periods. Lenders argued the extension impaired their fee simple rights under existing mortgages. The Court upheld the statute as a valid exercise of state power over contract remedies.
The city condemned a strip of railroad land for street widening and paid the railroad one dollar. The railroad claimed the award violated its property rights in the fee. The Court held that just compensation must reflect the value of the interest taken.
A feudum simplex passes to lineal and collateral heirs generally while a fee tail passes only to lineal descendants of the first taker.
Yes. Modern law treats a conveyance to a corporation and its successors as creating a fee simple even though the corporation cannot have bodily heirs.
Words of general inheritance such as to B and his heirs create a fee simple absolute unless the conveyance expresses an intent to pass a lesser estate.
…of) value. In any event, we avoid this difficulty in the present case, since the "interest in land" that Lucas has pleaded (a fee simple interest) is an estate with a rich tradition of protection at common law, and since the South Carolina Court of Common Pleas found that the Beachfront Management Act left each of Lucas's…