CILEx F4 Property And Private Client Practice Test

Which statement about fee simple absolute in possession is true?

It is created by deed It requires an act of Parliament It is created by deed and, where applicable, registered with the Land Registry It can only be created by grant from the Crown

Correct Answer:

It is created by deed and, where applicable, registered with the Land Registry

Explanation:

Fee simple absolute in possession is the most complete form of ownership of land, giving the holder indefinite duration and exclusive control. It is created by a deed, the proper instrument that transfers ownership from the granter to the grantee. If the land is registered, the freehold estate is then entered in the Land Registry to reflect the holder’s title; if the land is unregistered, the deed itself suffices to prove ownership. It is not something that requires an Act of Parliament, nor is it limited to grants from the Crown. Therefore, the statement that it is created by deed and, where applicable, registered with the Land Registry best describes how this estate comes into being and is recorded.

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