What is a fee simple estate?

A fee simple estate represents the most complete and unrestricted form of ownership in real property. It grants the owner full control over the property, including the rights to use, sell, lease, or bequeath the property without any time limit. This type of ownership is not contingent upon any other interests and is typically inheritable, meaning that the property can be passed down to heirs.

This form of estate is characterized by its permanence and totality, distinguishing it from other forms of ownership like life estates or leasehold interests that impose limitations. For example, a temporary interest in property would not provide the full and enduring rights associated with a fee simple estate. Similarly, a life estate only grants ownership for the duration of a person's life and does not confer the same level of control or permanence. While zoning bylaws may affect how property is used, they do not detract from the essence of the fee simple estate, which remains the most comprehensive form of property ownership.