MBE Rules · Real Property
Fee simple absolute
The rule
The largest estate. Absolute ownership of potentially infinite duration. Freely alienable, devisable, descendible. Default presumption if grant language is ambiguous ("to A and his heirs" creates FSA, not a life estate).
In plain English
Owning property in fee simple absolute means you have complete control over it forever, with no conditions or limits. You can sell it, give it away, or leave it to someone in your will.
Worked example
When the seller transfers land to the buyer with the words 'to the buyer and his heirs,' the buyer now owns the land completely and can do anything with it, like sell it or leave it to their children.
Memory hook
Forever Free: Fee Simple Absolute! Own it all, forever and always, with no strings attached.
The trap
Students think: 'To A and his heirs' means life estate. Wrong, because it actually defaults to fee simple absolute. The actual test is whether the grantor's intent clearly limits duration.
How examiners test it
The MBE loves: ambiguous grant language like 'to A and his heirs'. Trap: assuming it's a life estate. Correct: fee simple absolute unless clear intent for something else.
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