Massachusetts Real Estate License Practice Test

Which of the following is NOT a characteristic of Fee Simple Absolute?

1. Indefinite duration

2. Freely transferable

3. Subject to usage restrictions

4. Inheritable by heirs

The correct answer is: Subject to usage restrictions

Fee Simple Absolute is a type of ownership in real property that represents the maximum possible ownership interest one can have under the law. It is characterized by several key traits, including indefinite duration, the ability to be freely transferred, and the capacity to be inherited by heirs. The nature of being a fee simple absolute means that the property owner holds the title with the greatest rights possible, which includes the right to sell or transfer the property at their discretion without any significant restrictions. Therefore, the characteristic of being subject to usage restrictions does not align with the fundamental principles of fee simple absolute ownership. Such restrictions may apply to other forms of ownership, such as leasehold estates or property subject to specific covenants, but they do not apply to fee simple absolute, which allows for the most unrestricted use of the property. Thus, indicating that fee simple absolute is subject to usage restrictions is incorrect, as those restrictions would limit the owner's rights and do not conform to the true nature of fee simple absolute ownership.