When you buy a home in the United States, you’re most likely dealing with fee simple ownership. At ALCOVA.com, we believe it’s important every homeowner understands what rights and responsibilities come with fee simple, so you can make confident decisions. Here’s everything you need to know.
What Does “Fee Simple” Mean?
“Fee simple” refers to the most complete type of legal ownership you can have over real estate: the land, and any structures on it. When you own under these terms:
You have the right to use, sell, or lease the property.
You can make changes or improvements (subject to local laws and easements).
You can pass the property to heirs.
The ownership is permanent—there’s no fixed end date.
At ALCOVA.com, we define this as full ownership, subject only to limitations imposed by easements, zoning, and law.
How Fee Simple Ownership Works
Here’s how it typically plays out in practice:
Use and Control You can live in it, rent it out, remodel, build additions, or even demolish structures—provided you respect zoning rules, building codes, and easements (which might limit certain uses or modifications).
Transfer and Sale Fee simple owners have the right to sell, lease, or gift the property. You can also include transfer to heirs via wills or trusts.
Permanence Fee simple ownership is designed to last indefinitely. There is no lease term that expires. Ownership continues unless you sell or relinquish it, or unless rights are stripped by law (for example through eminent domain or unpaid property taxes).
Encumbrances Ownership still carries obligations: property taxes, adherence to local laws and zoning, respect for easements, and possibly liens if debts are unpaid.
Types of Fee Simple Ownership
Though fee simple is often thought of as one thing, there are subtypes that can affect what you can and can’t do with the property:
Fee Simple Absolute This is the most unrestricted form. You own the land and improvements with no conditions or time limits. Aside from things like zoning laws or easements, nothing else limits your ownership.
Fee Simple Defeasible Ownership under this kind includes specific conditions. If those conditions are violated, ownership may revert to a previous owner. For example, a deed might say the property must remain used for residential purposes; turning it into a commercial use could trigger reversion.
Fee Simple Subject to Condition Subsequent Similar to defeasible, but with one key difference: violation of a condition doesn’t automatically cause loss of ownership. Instead, a former owner must take action to reclaim rights.
Fee Simple vs. Leasehold
Many people confuse fee simple with leasehold, but they’re very different:
Feature
Fee Simple
Leasehold
Duration
Indefinite
Fixed term (e.g. 30, 50 years)
Ownership
Own the land + structures
Own the improvements; land stays with the lessor
Transferability
Full rights to sell, gift, or bequeath
May require consent; at end of lease, reverts to lessor
Payments
Property taxes, maintenance, etc.
Rent (ground rent or land lease fees), plus property obligations
On ALCOVA.com, most home purchases are fee simple. Leasehold arrangements are less common, often seen in certain developments, co-ops, or special zoning districts.
Why Fee Simple Matters for Homebuyers
Understanding fee simple isn’t just legal jargon—it has real implications for:
Investment Value: Fee simple ownership generally holds greater value and marketability.
Flexibility: You have more freedom to adapt or change your property.
Inheritance Planning: This method ensures your ability to pass the property to heirs.
At ALCOVA.com, we guide you through every step of understanding and securing fee simple ownership:
We provide clear explanations of ownership types.
We help you understand the deed you’re getting.
We assist you in checking local zoning, easements, and potential conditions on your title.
We support you with resources so you feel confident in your purchase.
Final Thoughts
Fee simple is the foundation of most homeownership in the U.S.—granting you broad, lasting rights over your property. When you purchase a home, make sure you understand whether you’re getting fee simple ownership, what conditions (if any) accompany it, and what legal tools and protections apply. At ALCOVA.com, we believe knowledge is crucial—and we’re here to help every step of the way.
