Fee Simple

In depth

Fee simple absolute is unlimited ownership: the holder can use, sell, lease, mortgage, devise, and bequeath the property without restriction except for those imposed by law (zoning, eminent domain, taxes). Misconception: fee simple is not absolutely free of all encumbrances; recorded easements, deed restrictions, and government powers limit even fee simple owners. Practically, FSBO and seller-financed transactions almost always convey fee simple. Lesser estates like life estates, defeasible fees, and easements are exceptions. Buyers should ensure the deed and habendum clause clearly state fee simple to avoid unintended limitations. Title insurance protects against undiscovered limitations on fee simple ownership.