DEFINITION OF FEE SIMPLE IN WEBSTER'S LEGAL DICTIONARY 1889

- FEE SIMPLE
Webster's Legal Dictionary, 1889, defines Fee Simple Title as:
"Fee Simple is a Contractual Agreement between the present owner and the previous
owner, involving neither a third nor other parties. Fee Simple permits an owner to do
with his property as he might wish. It is the highest form of land ownership available.
Third party interference is prohibited to a property held in Fee Simple Title."
The Property Law Act Section 18A is the legislation required to legalise the granting
of Fee Simple Tenure.
The property referred to in Council's unlawful demand for a permit tax is owned in
Fee Simple title, and was purchased under a Fee Simple contract.
The Fee Simple (freehold) Title is a contract with a Government seal, subject only to
the conditions therein.
Meaning that any other charges arising from other acts including Water Act, Local
Government Act 1993, etc, that are area or title based, if challenged could not be
enforced as compulsory charges.
These charges, while not necessarily illegal, if challenged would have to be ruled as
voluntary, therefore unenforceable. Only becoming enforceable, if or when an
agreement is reached, and the services associated with the charges are accepted by the
titleholder.
The Fee Simple Tenure protects the titleholder from involuntary debt against the
property (the purpose for its existence). Debts against the property for unpaid charges
could only arise while the acceptance of the service continues.
Any other interpretations of the charges referred to in those Acts would be a breach of
the Fee Simple contract.
Fee Simple absolute is historically and legally the most complete form of property
ownership. If property rights can be thought of as a bundle of things, then the Fee
Simple absolute (FSA) owner holds the full bundle of rights.
This bundle includes the right to:
- Give the property away
- Sell the property for a price
- Transfer the property with a will. With FSA, the property can stay in the family forever.
- Use the land for whatever purpose the owner sees fit
- Exclusive possession of the land.
- And where there is no will, the fee simple passes automatically to one's heirs.
As you can see, the underlying purpose of FSA is to keep the land in the family
forever.
Since this property is held in Fee Simple Title, and no third party can become
involved, and we have never entered into an agreement with Council for services
provided in lieu of annual rate tax payments, then we cannot involuntarily incur a debt

against this property.