Property Law And The Fee Simple Absolute

Property Law and the Fee Simple Absolute By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2009 by Anthony J. Fejfar When a person buys a house, typically the real property interest that the buyer receives is known as a Fee Simple Absolute. Title to Real Property in Fee Simple Absolute was originally passed in Medeival England through and Enfoeffment ceremony when the Lord (owner) passed Seisin as evidence of Title through passing a clod of moist dirt from the physical land to the Vassal (buyer). In modern times Title or Seisin to real property is passed through the use of a written legal instrument, called a Deed. The Deed names the Grantor, the Grantee, the type of legal interest passed (typically a Fee Simple Absolute) and a legal description of the Real Property being conveyed. When a person receives Title to Real Property through a Fee Simple Absolute grant in a Deed, the Grantee receives a present right of possession, which extends into the future, and can be transferred at a later time to another person by gift, sale, will, or intestacy.

Additionally, holding a Fee Simple Absolute in Real Property gives the

owner, as a general rule, the right to exclude others from the land, as well as giving the right to the owner to bring a civil action for trespass if the owner’s possessory interest is interfered with.