Freehold Estates
A freehold estate is a property interest of indefinite or indeterminate duration, distinguishing it from leasehold estates that have specific terms. Freehold estates represent actual ownership of real property.
Types of Freehold Estates
- Fee simple absolute: Complete ownership; no conditions; most common
- Fee simple determinable: Automatically terminates if a condition occurs
- Fee simple subject to condition subsequent: Grantor can terminate for breach
- Fee simple subject to executory limitation: Transfers to third party on trigger
- Life estate: Ownership for the duration of a specified person's life
Freehold vs. Leasehold
- Duration: Indefinite vs. specific term
- Interest: Ownership vs. right to possess
- Transfer: By deed vs. by lease
- Taxes: Owner pays vs. tenant generally does not
- Inheritance: Inheritable (fee simple) vs. terminates at lease end
Related Terms
- Estate for Years — A leasehold estate comparison
- Encumbrance — Restrictions on freehold estates
- Equity — Equity in freehold ownership
Barnes Walker Real Estate
Barnes Walker's attorneys advise Florida property owners on estate types, title vesting, and property rights. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC