base fee

A fee that has some qualification connected to it and that terminates whenever the qualification terminates.

• An example of the words creating a base fee are “to A and his heirs, tenants of the manor of Tinsleydale,” which would terminate when A or his heirs are no longer tenants of the manor of Tinsleydale. Among the base fees at common law are the fee simple subject to a condition subsequent and the conditional fee.

— Also termed determinable fee; qualified fee; limited fee. See fee simple determinable under FEE SIMPLE.


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