Maxim 1.5.71
A fee-simple, so called because fee is the same as inheritance, and simple is the same as legitimate or pure; and thus fee-simple is the same as a legitimate or pure inheritance.
Feodum simplex quia feodum idem est quod hereditas, et simplex idem est quod legitimum vel purum, et sic feodum simplex idem est quod haereditas legitima vel hereditas pura.
Source: Litt. § 1; Jackson; Weisman, 58f
Difficulty 2/5 — Approachable
Explanation
Fee-simple is the highest estate in land — it is an absolute and unconditional inheritance, free from any limitation as to heirs.
Where this applies
- Someone argues about the nature of their property ownership, whether it is absolute or limited.
- A property owner is told their land is not truly theirs in fee simple.
Cite this maxim
NeCede Max. 1.5.71 — A fee-simple, so called because fee is the same as inheritance, and simple is the same as legitimate or pure; and thus fee-simple is the same as a legitimate or pure inheritance. — Litt. § 1; Jackson; Weisman, 58f (Feodum simplex quia feodum idem est quod hereditas, et simplex idem est quod legitimum vel purum, et sic feodum simplex idem est quod haereditas legitima vel hereditas pura.)
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