Restatement Property § 15. Estate In Fee Simple Absolute

Facts

An estate in fee simple absolute is an estate in fee simple which is not subject to a special limitation (defined in § 23) or a condition subsequent (defined in § 24) or an executory limitation (defined in § 25).

Comment:
a. Cross-references. An “estate in fee simple” is defined in § 14. All estates in fee simple absolute comply with the durational requirement stated in § 14(a)(i). The converse is not true since some estates in fee simple complying with the durational requirement stated in § 14(a)(i) are estates in fee simple defeasible. The forms of limitations effective to create an estate in fee simple absolute are stated in §§ 27-43. As to the forms of limitation effective to prevent the estate from being an estate in fee simple absolute by creating a special limitation, see § 44; by creating a condition subsequent, see § 45; by creating an executory limitation, see §§ 46 and 47.