Private Law Theory

Lee Anne Fennell, Fee Simple Obsolete, 91 NYU Law Review 1457 (2016), available at SSRN. ‘And don’t throw the past away. You might need it some other rainy day.’ These lyrics to Peter Allen’s song, Everything Old is New Again, sum up the fee simple absolute (‘fee simple’) perfectly. This antiquated doctrine that is the backbone of our real property system, the most adored and alienable of the estates in land, receives new life, a new purpose even, in Lee Anne Fennell’s compelling article, Fee Simple Obsolete … (more)

[Carol Brown, JOTWELL, 1 August]

First posted 2017-08-02 06:37:13