10/31/2023 0 Comments Fee simple absolute languageThe only constraints are those imposed by zoning or the government, and ownership is not shared (e.g., taxation, police power, etc.). Ownership is permanent as long as the requirement is met, and the owner controls all interests. This means that failure to comply with the condition may result in the loss of ownership rights.ĭespite its restrictions, fee simple defeasible is regarded as a powerful form of ownership. What are the three types of defeasible fee simple estates?įee simple defeasible is a sort of freehold estate similar to fee simple absolute in that it provides ownership of real property rather than mere possession.What happens if a property owner violates fee simple defeasible terms?.How to Draft a Fee Simple Defeasible Property Conveyance.Fee Simple Is Subject To Executory Restriction Fee Simple Subject To Condition Subsequent Fee Simple Defeasible Real Estate Definition.
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