Real Property
The highest and most complete form of real property ownership, with no conditions or limitations.
Fee simple absolute is the greatest estate in land. The owner has full ownership rights with no restrictions on use, transfer, or inheritance. It is inheritable and lasts indefinitely. A fee simple defeasible adds a condition: if the condition is violated, ownership may revert to the grantor. When a deed uses language like 'so long as the land is used as a park,' it creates a fee simple determinable.
Exam Tip
'So long as,' 'while,' 'during' = fee simple determinable. 'But if,' 'provided that' = fee simple subject to condition subsequent.
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Real Property
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NY Real Estate Real Property
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