Question

Which of the following typesof ownership gives the most control and considered the greatest form of ownership under real property law in Ontario: Life tenancy, Fee Simple, Leasehold Interest, Easement?

Answer 1

The answer is “fee simple”.

Fee simple is the most comprehensive interest in real property in Ontario. In fact it is as close as possible to absolute ownership. In case of ‘fee simple’ the government has the right to levy taxes and to regulate the uses of the real property.

In case of fee simple the owner of the real property is allowed to dispose the property. At death the property can be conveyed pursuant to a will. It can also be done without a will via intestate succession. The fee simple can continue indefinitely as it allows successive ownership transfers.