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What is a conditional fee?

Conditional fee is a common law estate in land. It is a fee simple which is limited in that it eventually passes from the donee to certain heirs or the issue of the donee. A conditional fee simple at common law is an estate limited over to some particular heirs, in exclusion of heirs general.

What is a fee simple estate?

A fee simple estate grants a complete right over land and is the most general form of a property right. There is the fee simple absolute and the fee simple defeasible. A fee simple absolute is an unlimited and unconditional right to land. The right cannot be revoked or transferred by others.

What is a conditional fee simple at common law?

A conditional fee simple at common law is an estate limited over to some particular heirs, in exclusion of heirs general. A gift of land to a man and his heirs generally, if he shall have heirs of his body, without any other expression to qualify the word heir of his body, is a conditional fee. [Shriver Junior's Lessee v.

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