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NeCede's

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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