Also known as: estates in fee simple · fee simple estate · fee simple estates · fee simple · fee simple absolute
Written by attorneys · grounded in primary & secondary sources — see below
An estate of potentially infinite duration that passes by inheritance to the grantee's heirs upon death. The estate arises when a conveyance uses words of general inheritance without conditions that limit duration to a life or fixed period.
Ethan Evans conveys land to Elise Everly and her heirs but adds that the estate ends if Elise dies without surviving issue. Elise later leases the land for ninety-nine years. The added clause subjects the fee simple to an executory limitation while leaving Elise with a present inheritable estate that supports the long-term lease.
Edgar Evers devises his workshop to his son Eduardo Enriquez and his heirs. Eduardo dies intestate without children. His aunt claims the property as a collateral heir. The will language creates an estate of potentially infinite duration that passes to collateral heirs under intestate succession.
Select any source to read its text and confirm it supports the definition.
Emily Ellis holds a life estate in a boardinghouse and later adopts children. She conveys a remainder to a trust. The original grantor's heir challenges the conveyance. Once issue exists the estate functions as a fee simple for purposes of inter vivos transfers and validates the remainder.
A city receives land in fee simple for use as a park but later closes the facility after a desegregation ruling. The will's language created an estate of potentially infinite duration. The closure does not alter the fee simple character of the original grant.
A railroad receives a strip of land in fee simple for track purposes. After abandonment the original grantor's successor claims the land. The fee simple grant carried potentially infinite duration subject only to the railroad's use, so the land remains with the railroad's successors.
Two owners hold land as joint tenants. One conveys her share to a third party. The conveyance severs the joint tenancy and creates a fee simple tenancy in common because each original interest was an estate of potentially infinite duration.
Words such as 'and his heirs' or equivalent phrases of general inheritance signal an estate of potentially infinite duration. The absence of any limiting condition in the deed or will confirms that the grantee receives the full fee simple rather than a life estate or defeasible interest.
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No. Once a deed or will uses words of inheritance without limitation the estate vests as a fee simple. Later management of the property or private side agreements cannot reduce the duration or alter the inheritable character already conveyed.
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Yes. When the conveyance employs the phrase 'and his heirs' the estate passes to both lineal and collateral heirs. Extrinsic evidence of an intent to limit succession to lineal descendants alone cannot override the plain language of the instrument.
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…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…