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fee simple

Last modified: Thu Feb 23 16:37:37 2006

A `fee simple' interest in land (see: InterestlandAndProperty) 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). Historically there were several types of freehold interest, including different types of fee simple. The most important of these were the Entail (`fee tail') and the LifeEstate, both of which were lesser interests with an ultimate Reversion to the fee simple owner. Any of these interests could be `InPossession' or `InRemainder'. Since the LawOfPropertyAct1925 there has been only one freehold: the FeeSimpleAbsoluteInPossession. This means that the term `freehold' may be used in a technical sense but, more often than not, is used as a shorthand for `fee simple absolute in possession'.

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