Define: Fee Simple Absolute In Possession

Fee simple absolute in possession is the highest form of ownership interest in real property, providing the owner with the most extensive rights and privileges, including the right to possess, use, and dispose of the property indefinitely.

The holder of fee simple absolute in possession has the right to:

• Possess the property indefinitely.
• Use the property in any lawful manner.
• Transfer ownership through sale, gift, or inheritance.
• Exclude others from the property.
• Develop, improve, or encumber the property.

Fee simple absolute is distinguished by its perpetual duration and comprehensive bundle of rights, whereas other forms of ownership, such as life estates or leaseholds, may have limitations on duration or rights.

Fee simple absolute ownership is generally free from conditions or restrictions imposed by previous owners, but it may be subject to certain limitations imposed by law, such as zoning regulations or easements.

Fee simple absolute ownership can only be terminated or transferred involuntarily through legal processes such as eminent domain, foreclosure, or condemnation, and in some cases, adverse possession.

Fee simple absolute is unconditional and not subject to any conditions or limitations, whereas fee simple defeasible may be subject to conditions or limitations that, if violated, could result in the forfeiture of ownership rights.

Fee simple absolute in possession is typically conveyed through a deed or other legal instrument that evidences the transfer of ownership from the grantor to the grantee.

Yes, fee simple absolute ownership can be divided or shared among multiple owners through methods such as joint tenancy, tenancy in common, or condominium ownership.

Upon the owner’s death, fee simple absolute ownership passes to the owner’s heirs or beneficiaries according to the terms of the owner’s will or applicable laws of intestate succession.