What is meant by the estate in fee simple?

Study for the New Jersey Title Insurance Producer Exam. Study with flashcards and multiple-choice questions, each question has hints and explanations. Get ready for your exam!

The term "estate in fee simple" refers to a type of freehold estate that represents the most complete form of ownership one can have in real property. When an individual has an estate in fee simple, they possess full ownership rights, which means they have the ability to use, occupy, sell, or transfer the property as they see fit, subject to no limitations except those imposed by law, such as zoning regulations.

This ownership lasts indefinitely and does not have a specified end date, giving the owner the right to pass the estate down to heirs upon their death. The fee simple estate also includes the rights to any resources on or beneath the property, further emphasizing the nature of complete ownership. As such, it establishes a significant level of security and control over the property, making it the highest form of real estate interest recognized by law.

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