Conditional Fee Estate | Qualified Fee Simple Estate

conditional fee estate

Conditional Fee Estate A fee estate that was limited to a specified donee and a given class of heirs, exclusive of others, and which reverted to the original donor of the estate, or his heirs, in the event of a failure of the requisite issue. “A conditional fee, at common law, was a fee restrained to some particular heir, exclusive of others”, 2 Bl Comm 110. The fee was ‘conditional’ as long as the specified class of heir remained unborn. “At common law estates limited to the … [Read more...]

Fee simple absolute in possession | 1 of 2 legal estate in English law

Fee Simple Absolute in Possession

Fee simple absolute in possession A “fee simple absolute in possession”, is a term of English statutory derivation, being the primary unqualified freehold estate in land. A ‘fee simple absolute in possession’ is: one of only two estates (the other being a term of years absolute) that is “capable of subsisting or of being conveyed or created at law”, Law of Property Act 1925, s. 1(a), i.e. a legal estate—any other estate being an equitable estate. In theory the owner of this … [Read more...]