Fee-simple in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims

An absolute inheritance, clear of any condition, limitation or restriction to particular heirs, but descendible to the heirs general, whether male or female, lineal or collateral. Tenent in fee-simple, or tenent in fee, is he that has lands, tenements, or hereditaments, to hold to him and his heirs forever – generally, absolutely and simply; without mentioning what heirs, but referring that to his own pleasure or to the disposition of the law. 2 Bl. Com. 106, 105. “An estate in fee-simple is where a man has an estate in land or tenements to him and his heirs forever.” Called a “fee-simple” because it signified a pure inheritance, clear of any qualification or condition. It is an estate of perpetuity, and confers an unlimited power of alienation. 4 Kent, 5; 1 Barb 575; 11 Wend. 277; 12 Johns177; 52 Me. 261; 54 id. 426; 2 Oreg. 32; 42 Vt. 690; 23 N.J. E, 303. A “fee-simple” is the largest estate a man can have in lands, being an absolute estate in perpetuity. The essential matter is that such an estate is so brought into existence that it may continue forever.

Note: This legal definition of Fee-simple in the Dictionary of Law (English and American Jurisprudence) is from 1893.


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