Base Fee – a fee that has some qualification connected to it and that terminates whenever the qualification terminate

base fee:

1. 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. — aka determinable feelimited fee.

     Excerpt from Robert E. Megarry & M.P. Thompson’s A Manual of the Law of Real Property (6th ed. 1993):

     “A base fee is a particular kind of determinable fee. The two essentials of a base fee are

(a) it continues only so long as the original grantor or any heirs of his body are alive; and
(b) there is a remainder or reversion after it. . . .

In effect a base fee was a fee simple which endured for as long as the entail would have continued if it had not been barred, and determined when the entail would have ended. [2]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Robert E. Megarry & M.P. Thompson, A Manual of the Law of Real Property 38-40 (6th ed. 1993).


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