Weyl, and so fundamentally, they too are critics of the fee simple. (8)
The Chicago critique of the fee simple is theoretically significant
sell their land, the fee simple, like land use regulation, may curtail
In this form of agreement, modifications also occur in the rights associated with Aboriginal title as conceptualized by the common law, (59) so as to allow for the alienation of fee simple estates to third parties without an initial surrender to or consent of the Crown.
a) dispose of the whole of its estate in fee simple in any parcel of Nisga'a Lands to any person; and
b) from the whole of its estate in fee simple, or its interest, in any parcel of Nisga'a Lands, create, or dispose of any lesser estate or interest to any person ...
The lack of protection for purchasers of charges stands in contrast to the security that purchasers of fee simple interests enjoy.
British Columbia's title registration system is constructed around the fee simple interest.
It is correct that a lease never increases the market value of real property rights to the fee simple estate and that any potential value increment in excess of a fee simple estate is attributable to the particular lease contract.
Many states require assessments to be based on fee simple valuations.
The advantage of this approach is that the "as if stabilized market value" is often much easier to estimate and all three valuation approaches can often be applied, resulting in a reliable value indication for the theoretical fee simple estate.
Should the discount rate be higher or lower than the rate that might be used in a discounted cash flow analysis to find the occupied fee simple value?