Fee simple is an ownership interest in real property that is the most full, unlimited, and absolute property interest recognized by law. This ownership interest of title in fee simple is also referred to as fee simple absolute; estate in fee simple; fee simple title; or simply fee, and the term is usually used to indicate the real property ownership interest a seller is transferring to a buyer.
The rights of a fee simple property owner are limited by the government’s power to tax the land (property taxes) and to purchase the land through the compulsory process mandated by state law—often as provided in the state’s constitution or in the state’s statutes—which is known as eminent domain.
In limited circumstances fee simple ownership may also be subject to the state’s police powers, the law of escheat (when the property owner dies without a will and without heirs), and encumbrances or deed restrictions on the use of the land.
In South Carolina, fee simple ownership represents the most complete form of ownership in real estate, granting the owner full control over the property, subject to certain limitations. The owner of a fee simple estate has the right to use, sell, lease, or bequeath the property as they see fit. However, this ownership is subject to the government's power to levy property taxes and to take the property through eminent domain for public use, provided fair compensation is given, as per the Fifth Amendment and relevant state statutes. Additionally, the state's police powers may impose regulations for the general welfare, such as zoning laws. If a property owner dies intestate (without a will) and without heirs, the property may escheat, or revert, to the state. Lastly, the property may be subject to certain encumbrances or deed restrictions that limit how the land can be used. These restrictions are often agreed upon at the time of purchase and are recorded with the deed.