(a) An estate in land that is conveyed or devised is a fee simple unless the estate is limited by express words or unless a lesser estate is conveyed or devised by construction or operation of law. Words previously necessary at common law to transfer a fee simple estate are not necessary.
(b) This section applies only to a conveyance occurring on or after February 5, 1840.

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Terms Used In Texas Property Code 5.001

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.