Maxim 5.2.19
An estate in free and pure allodium, and an estate in fee simple absolute, refer to essentially the same thing.
Source: 4 Kent, Comm. 2; Weisman, 70a
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Allodial title and fee simple absolute describe the same thing: absolute ownership of land free from any superior lord or rent, the highest estate known to law.
Where this applies
- A homeowner argues that her fee simple absolute title means no lord or government has a superior claim to her land — it is the same as allodial ownership, the highest estate in law.
- A property owner challenges a feudal-style tax lien by arguing that American land ownership is allodial, meaning fee simple absolute, with no rent owed to any overlord.
- A family disputes a claim that the state holds ultimate title to their farmland, pointing out that fee simple absolute in America is allodial — they own it free and clear.
Legal domains
Cite this maxim
NeCede Max. 5.2.19 — An estate in free and pure allodium, and an estate in fee simple absolute, refer to essentially the same thing. — 4 Kent, Comm. 2; Weisman, 70a
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