Also known as: fee-simple preference · fee simple · preference
Written by attorneys · grounded in primary & secondary sources — see below
A rule of construction that interprets an ambiguous conveyance or devise as transferring fee simple absolute unless the grantor uses language clearly showing an intent to create a lesser estate. The rule implements the grantor's presumed intent to transfer the grantor's entire interest and promotes marketability of land titles.
O conveys Greenacre to A by a deed stating only 'I transfer Greenacre to A.' A claims fee simple absolute while O's heirs argue the deed created only a life estate. The court applies the fee simple preference and holds that A receives fee simple absolute because the deed lacks any words clearly limiting the estate.
Testator T's will devises Blackacre 'to my son B' without further words. T's other heirs contend the devise created only a life estate. The court construes the devise as fee simple absolute under the fee simple preference because the will contains no clear limitation on the estate granted.
Grantor G deeds Whiteacre to H 'so long as the land remains farmland.' H later seeks to sell the parcel for commercial use. The court holds that the deed created fee simple absolute because the language fails to state a clear special limitation and the fee simple preference requires explicit words to create a defeasible estate.
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Seller S transfers Redacre to Buyer Corp by deed reciting only the property description and consideration. A junior lienholder argues the deed conveyed a defeasible estate. The court applies the fee simple preference and confirms Buyer Corp holds fee simple absolute because the deed supplies no words creating a condition or limitation.
O executes a deed granting Blueacre 'to A and his successors.' A's creditors seek to execute on the land. The court rules that A holds fee simple absolute under the fee simple preference because the deed does not contain language clearly creating any estate shorter than fee simple.
Testator T devises Purpleacre to niece N by will containing only the words 'I give Purpleacre to N.' T's residuary beneficiaries claim a life estate only. The court applies the fee simple preference and awards N fee simple absolute because the will lacks any express words creating a lesser estate.
Words that clearly evidence an intent to create an estate shorter than fee simple absolute, such as 'for life,' 'so long as,' or 'on condition that,' overcome the preference. Absent such language the conveyance is construed as fee simple absolute.
The preference implements the typical grantor's intent to transfer the grantor's entire interest and advances the policy goals of marketability and efficient land transfer.
Yes. The same constructional rule applies to ambiguous language in deeds and in testamentary devises, construing each as transferring fee simple absolute unless clear limiting words appear.
…suppress none of them. Precisely because “we are a cosmopolitan nation made up of people of almost every conceivable religious preference,” Braunfeld v. Brown , 366 U. S., at 606, and precisely because we value and protect that religious divergence, we cannot afford the luxury of deeming presumptively invalid , as applied…