What is the maximum ownership of real property also referred to as a fee simple estate?

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The term "fee simple estate" describes the most complete form of ownership one can have in real property. Specifically, "fee simple absolute" represents the highest degree of ownership, granting the owner full rights to the property indefinitely, without any conditions or limitations. This means the owner can use, lease, sell, or bequeath the property as they wish, and their ownership remains intact unless they decide to transfer it.

In contrast, other types of fee simple estates, such as fee simple condition subsequent, fee simple defeasible, and fee simple determinable, contain specific conditions or limitations that could result in the loss of ownership if certain events occur. For instance, fee simple determinable means the ownership could end automatically if a specified condition is violated. Similarly, fee simple condition subsequent allows the original grantor to reclaim the property if certain conditions are not met, rather than resulting in automatic loss of ownership.

Thus, "fee simple absolute" is distinct as it signifies full and unrestricted ownership rights, making it the maximum ownership of real property.

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