What Is Fee Simple Absolute?
Fee simple absolute is the highest and most complete form of property ownership in Florida. The owner holds unconditional, unlimited rights to the property for an indefinite duration, with full authority to use, sell, lease, gift, or devise the property.
Characteristics
- Unlimited duration: The estate lasts forever and passes to heirs
- No conditions: Ownership cannot be terminated by any event or condition
- Full bundle of rights: Use, possess, transfer, encumber, and exclude others
- Default estate: Florida deeds create fee simple absolute unless otherwise specified
Fee Simple Absolute vs. Other Estates
- Fee simple determinable: Automatically ends upon a specified event
- Fee simple subject to condition subsequent: Grantor can reclaim upon condition violation
- Life estate: Lasts only for the holder's lifetime
- Leasehold: Temporary possessory interest that reverts to the owner
Government Limitations
Even fee simple absolute ownership is subject to four government powers:
- Police power: Zoning and land use regulations
- Eminent domain: Government taking for public use with just compensation
- Taxation: Property taxes and special assessments
- Escheat: Property reverts to the state if the owner dies without heirs or a will
Related Terms
- Equity — The financial value of ownership
- Encumbrance — Private restrictions on use
- Evidence of Title — Documentation proving fee simple ownership
Barnes Walker Real Estate
Barnes Walker's real estate attorneys ensure clean fee simple absolute title in Florida property transactions. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC