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Fee Simple Absolute

Fee Simple Absolute. Fee Simple Absolute. “To A and his heirs.” “To A” = Words of Purchase [ who takes] “and his heirs” = Words of Limitation [ what is taken]. Texas Property Code § 5.001.

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Fee Simple Absolute

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  1. Fee Simple Absolute

  2. Fee Simple Absolute • “To A and his heirs.” • “To A” = Words of Purchase [who takes] • “and his heirs” = Words of Limitation [what is taken]

  3. Texas Property Code § 5.001 • (a) An estate in land that is conveyed or devised is a fee simple unless the estate is limited by express words or unless a lesser estate is conveyed or devised by construction or operation of law. Words previously necessary at common law to transfer a fee simple estate are not necessary. • (b) This section applies only to a conveyance occurring on or after February 5, 1840.

  4. Cole v. Steinlauf • “To A and assigns forever.” • Does this create: fee simple absolute, or life estate?

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