In contrast to a fee simple, a fee tail necessarily restricts the ability of the grantee to transfer title of the land in the future. This language was as follows: “To the grantee and his heirs.” These words needed to be present or else a smaller estate was transferred.
Historically, to create a fee simple absolute, the grantor needed to use particular language.
A restricted fee simple is referred to as being either a fee simple determinable or fee simple subject to a condition subsequent. One common reason for this would be to ensure that a piece of property is used for a specific purpose another reason would be to prevent a grantee from engaging in a particular type of behavior. It is possible for a grantor to place restrictions on a fee simple. A fee simple absolute confers an interest which is unlimited and may not revert back to the grantor under any circumstances. A fee simple with no restrictions whatsoever is referred to as a fee simple absolute. Hence, an individual who has a fee simple not only has a present ownership interest but also may decide who acquires ownership interests in the future. Fee simple and fee tail are two such devices.Ī fee simple is an ownership interest which confers upon its holder full control over the future disposal of the land with which it is associated. To address this concern, our law of property has a variety of devices which are intended to assist property owners transmit their property in exactly the manner they wish it to be transmitted. One of the overriding concerns of real property owners is the successful transmission of ownership to their property.
Today we will cover two terms which both take their origin from feudal England: fee simple and fee tail. Much of our property law nomenclature derives straight from medieval English society.
This is perhaps most evident in our law of property. As we have discussed before, American law descends from English law, and as a consequence many of our legal concepts and much of our legal language are borrowed directly from this source.
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