Qualified Fee land interest | Determinable Fee

A Qualified Fee land interest is a fee interest limited, or modified in some way, so that the beneficiary may not hold the land forever. "A base or qualified fee is such a one as has a qualification subjoined thereto, and which must be determined whenever the qualification annexed to it is at an end", 2 Bl Comm 109. A 'qualified fee' land interest or a 'determinable fee' is a fee interest like any other, in that it may last forever, but it has a limitation that was attached when the estate was … [Read more...]

Conditional Fee Estate | Qualified Fee Simple 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 heirs of the … [Read more...]

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

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 interest has the … [Read more...]