Haskell, Preface to Estates in Land and Future Interests 24 (2d ed. “Although it is probably good practice to use the word ‘absolute’ whenever one is referring to an estate in fee simple that is free of special limitation, conditional subsequent, or executory limitation, lawyers frequently refer to such an estate as a ‘fee simple’ even as a ‘fee.’” The government may also legally take the property through its right of eminent domain by paying the owner the property’s fair market value. In a fee simple absolute estate ownership cannot be defeated by the previous owner or the previous owners heirs however, it is not free from encumbrances. The estate ends only if the owner dies intestate (without a written will) and with no heirs, in which case the estate escheats (passes by default) to the government. The owner of a fee simple absolute and his heirs (as determined by the relevant Intestacy Act), successors (someone who has legally stepped into the shoes of the owner), and assigns (someone who is assigned the right to the property) may remain in possession forever. The fee simple absolute is the highest possible estate one can own. A fee simple interest is created with, for example, the following: “to John and his heirs.” A fee simple, also referred to as fee simple absolute, is an estate over which the owner has unlimited power of disposition in perpetuity without any conditions or limitations.
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