Fee Simple Ownership, Explained
The most complete form of property ownership — and what can still limit it.
What is fee simple ownership?
Fee simple — sometimes "fee simple absolute" — is the most complete form of ownership of real estate. The owner holds the property indefinitely, can use it, sell it, lease it, mortgage it, and pass it to heirs, subject only to outside limits like laws, zoning, taxes, and any recorded restrictions.
How it compares to lesser interests
Fee simple contrasts with limited interests such as a life estate (ownership only for someone's lifetime) or a leasehold (the right to use for a lease term). Most homes and commercial properties are owned in fee simple, which is what a buyer normally expects to receive.
What can still restrict fee simple?
Even fee simple ownership is not unlimited. Zoning, easements, deed restrictions, HOA or condominium rules, and government powers like taxation and eminent domain all constrain what an owner can do. A title search reveals the recorded ones.
How Nochumson P.C. helps
Nochumson P.C. helps owners and investors understand and protect their ownership interests. Contact us with an ownership question.
Related articles:
- Life Estates in Pennsylvania
- Transfer-on-Death Deeds (and PA's Status)
- Warranty Deed vs. Quitclaim Deed
- Title Insurance in Pennsylvania: What Buyers Should Know
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