NCEES Principles and Practice of Surveying Practice Exam

What distinguishes a fee tail estate from a fee simple estate?

1. It has no limitations on time

2. It must be inherited by a specific person

3. It cannot be divided

4. It is automatically transferable

The correct answer is: It must be inherited by a specific person

A fee tail estate is a type of ownership in real property that is specifically designed to ensure that the property remains within a designated lineage or family line. This means that the property must be inherited by specific individuals, usually the direct descendants of the original grantee. This restriction on inheritance establishes a clear distinction from a fee simple estate, where the owner has complete control over the property and is free to sell, transfer, or bequeath it to anyone they choose without any limitations on the descent of that property. In contrast, a fee simple estate provides the broadest form of property ownership, allowing the owner to determine who will inherit the property without the constraints of a predetermined lineage. Because of this key difference, a fee tail estate inherently restricts the transfer of ownership to certain individuals within the designated family line, making option B the correct choice. This particular characteristic is critical in understanding the nature of different property types and how they affect ownership rights and inheritance.