an estate in fee simple - is only a tenancy.
where a greater and a less estate coincide and meet in one and the same person, without any intermediate estate, as, for instance, when a tenant for years obtains the fee simple.
- Under these leases, the term of which is usually 99 and sometimes 999 years, the tenant is to a certain extent in the position of a fee simple proprietor, except that his right is terminable, and that he can only exercise such rights of ownership as are conferred on him either by statute or by the terms of his lease.
senior, elder), in English law, the lordship remaining to a grantor after the grant of an estate in fee-simple.
Every seignory now existing must have been created before the Statute of Quia Emptores (1290), which forbade the future creation of estates in fee-simple by subinfeudation.
But in the " Great Division " which took place in 1848 and forms the foundation of present land titles, about 984,000 acres, nearly onefourth of the inhabited area, were set apart for the crown, about r, 495, 000 acres for the government, and about 1,619,000 acres for the several chiefs; and the common people received fee-simple titles 4 for their house lots and the pieces of land which they cultivated for themselves, about 28,600 acres, almost entirely in isolated patches of irregular shape hemmed in by the holdings of the crown, the government or the great chiefs.
The annual government demand, like the succession duty in England, is universally the first liability on the land; when that is satisfied, the registered landholder has powers of sale or mortgage scarcely more restricted than those of a tenant in fee-simple.
Thus, in law, "Lammas lands" belong to the several owners in fee-simple subject for half the year to the rights of pasturage of other people (Baylis v.
Mdbius estimates that for every oyster brought to 1 Connecticut has greatly benefited its oyster industry by giving to oyster-culturists a fee simple title to the lands under control by them.
They also demanded permission to occupy the vast plains of the interior, without having to obtain by purchase or by grant the fee-simple of the lands upon which their sheep and cattle grazed.
SOCAGE, a free tenement held in fee simple by services of an economic kind, such as the payment of rent or the performance of some agricultural work, was termed in medieval English law a socage tenement.
At last Thakombau, disappointed in the hope that his acceptance of Christianity (1854) would improve his position, offered the sovereignty to Great Britain (1859) with the fee simple of 100,000 acres, on condition of her paying the American claims. Colonel Smythe, R.A., was sent out to report on the question, and decided against annexation, but advised that the British consul should be invested with full magisterial powers over his countrymen, a step which would have averted much subsequent difficulty.
"When the tenant of an estate in fee simple dies without having alienated his estate in his lifetime or by his will, and without leaving any heirs either lineal or collateral, the lands in which he held his estate escheat, as it is called, to the lord of whom he held them" (Williams on the Law of Real Property).
If a husband die intestate and leave no other heirs the widow is entitled to all his real estate in fee simple.
When a wife dies leaving a husband of whom there has been issue born alive, he has by the courtesy a life interest in all her real estate and all her personal estate; if the wife die intestate and leave no other heirs the husband is entitled to all her real estate in fee simple.
Tithe rent charge may also be merged in the land tithable, with the consent of the tithe commissioners and the landowner, by the legal and equitable owners of tithes in fee simple or fee tail, or persons having power to appoint the fee simple in tithes, or owners of glebes, or owners of lands and tithes settled to the same uses.
The word usage examples above have been gathered from various sources to reflect current and historial usage. They do not represent the opinions of YourDictionary.com.