Fee simple and ownership
From Common law (estates) and civil law (ownership)
Property
What it means
How a legal system describes the fullest right a person can have over land. Common law talks of 'estates' in land. Civil law speaks of 'ownership' of a thing.
Why it travels badly
In common law, land is held through estates, which are slices of time and rights. A 'fee simple' is the largest. In the older theory, all land is ultimately held from the Crown. Civil codes define ownership as one general, absolute right over a thing, that can be divided into smaller rights, but is not itself an estate.
How other systems say it
fee simple absolute in possession
Since the Law of Property Act 1925, only two estates can be legal: the fee simple and the term of years. All other interests are equitable.
propriété (art 544 Code civil)
The right to enjoy and dispose of things in the most absolute manner, within the limits set by law.
Eigentum (§ 903 BGB)
The owner may deal with the thing as they like, as far as law and the rights of others do not stand in the way.
freehold (fee simple) under Crown radical title
After Mabo (No 2) (1992), Australian law holds that the Crown has a radical title and that native title can survive.
Tip for translators and students
'Freehold' and 'leasehold' have no direct counterparts in civil law. Describe them as ownership (without time limit) and a right of use for a fixed term.
Related: Real rights and personal rights, Adverse possession and usucapion, Trust
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
