How are these individual rights severed from the fee simple estate? What impact does severing the rights have on the fee simple estate?
What will be an ideal response?
Each of the individual rights can be transferred or severed from the fee simple estate. This transfer may be accomplished through a deed or other written document, such as a lease or license. When the severance occurs the fee simple becomes a lesser estate. For example, a lease agreement severs the right to occupy the land. The new interests are a fee simple subject to a leasehold estate and a leasehold estate. Transfer can be the result of a sale (such as mineral rights), lease, license, gift, inheritance or devise.
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What will be an ideal response?
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