Key Takeaways

  • Real property refers to land and everything permanently attached to it, along with associated rights and interests.
  • It is divided into corporeal property (physical, tangible land and fixtures) and incorporeal property (rights tied to land, such as easements and rents).
  • Real property differs from personal property, which includes movable items like furniture or vehicles.
  • Rights in real property may include possession, control, exclusion, enjoyment, and disposition.
  • Common examples of real property include land, buildings, mineral rights, water rights, and easements.

REAL PROPERTY

Land and all the things that are attached to it. Anything that is not real property is personal property and personal property is anything that isn't nailed down, dug into or built onto the land. A house is real property, but a dining room set is not.

That which consists of land, and of all rights and profits arising from and annexed to land, of a permanent, immovable nature. In order to make one's interest in land, real estate, it must be an interest not less than for the party's life, because a term of years, even for a thousand years, perpetually renewable, is a mere personal estate. It is usually comprised under the words lands, tenements, and hereditaments. Real property is corporeal, or incorporeal.

Characteristics of Real Property

Real property is unique compared to personal property because of its permanence and immovable nature. Ownership typically conveys a bundle of rights, which may include:

  • Right of possession – the ability to occupy and control the land.
  • Right of control – the authority to use the property within legal limits.
  • Right of exclusion – the ability to keep others off the property.
  • Right of enjoyment – the right to use the property for lawful purposes.
  • Right of disposition – the ability to sell, lease, or transfer ownership.

These rights may be divided among different parties. For example, a landowner may sell mineral rights while retaining surface rights.

Corporeal Property

Corporeal consists wholly of substantial, permanent objects, which may all be comprehended under the general denomination of land. There are some chattels which are so annexed to the inheritance, that they are deemed a part of it, and are called heir looms. Money agreed or directed to be laid out in land is considered as real estate.

Examples of Corporeal Real Property

Examples of corporeal real property include:

  • Residential homes and commercial buildings.
  • Natural resources such as trees, minerals, or oil found on the land.
  • Fixtures, which are items originally considered personal property but permanently affixed to the land (e.g., built-in cabinetry or plumbing systems).

Fixtures are a common area of dispute in real estate transactions. Courts often consider the degree of attachment and the intent of the parties to determine whether an item is real property or personal property.

Incorporeal Property

Incorporeal property, consists of certain inheritable rights, which are not, strictly speaking, of a corporeal nature, or land, although they are by their own nature or by use, annexed to corporeal inheritances, and are rights issuing out of them, or which concern them. These distinctions agree with the civil law. Just. Inst. The incorporeal hereditaments which subsist by the laws of the several states are fewer than those recognized by the English law. In the United States, there are fortunately no advowsons, tithes, nor dignities, as inheritances.

The most common incorporeal hereditaments, are, 1. Commons. 2. Ways. 3. Offices. 4. Franchises. 5. Rents.

Common Incorporeal Rights

In addition to the examples of incorporeal hereditaments already noted, modern real property law often includes:

  • Easements – rights to cross or use another’s land for a specific purpose (e.g., utility access).
  • Profits à prendre – rights to take resources from the land, such as timber or minerals.
  • Licenses – temporary permissions to use land, which differ from permanent property rights.
  • Development rights – such as air rights in urban settings, where building upward is restricted or transferable.

These rights highlight how real property ownership may involve both physical land and intangible interests.

Distinctions Between Real and Personal Property

The principal distinctions between real and personal property, are the following:

  1. Real property is of a permanent and immovable nature, and the owner has an estate therein at least for life.
  2. It descends from the ancestor to the heir instead of becoming the property of an executor or administrator on the death of the owner, as in case of personalty.
  3. In case of alienation, it must in general be made by deed and in presenti by the common law; whereas leases for years may commence in futuro, and personal chattels may be transferred by parol or delivery.
  4. Real estate when devised, is subject to the widow's dower personal estate can be given away by will discharged of any claim of the widow. These are some interests arising out of, or connected with real property, which in some respects partake of the qualities of personally; as, for example, heir looms, title deeds, which, though in themselves movable, yet relating to land descend from ancestor to heir, or from a vendor to a purchaser.

It is a maxim in equity, that things to be done will be considered as done, and vice versa. According to this doctrine money or goods will be considered as real property, and land will be treated as personal property. Money directed by a will to be laid out in land is, in equity, considered as land, and will pass by the words "lands, tenements, and hereditaments whatsoever and wheresoever."

Importance in Law and Transactions

Understanding the distinction between real and personal property is critical in areas such as:

  • Real estate transactions – Transfer of real property typically requires a written deed, while personal property may be transferred by delivery or bill of sale.
  • Inheritance law – Real property usually descends directly to heirs, while personal property passes through probate.
  • Taxation – Real property is subject to property taxes, whereas personal property may be taxed differently or not at all depending on the jurisdiction.
  • Secured transactions – Real property can serve as collateral in mortgages, while personal property may be pledged under different legal frameworks.

The distinction also affects landlord-tenant law, zoning regulations, and eminent domain proceedings.

Frequently Asked Questions

1. What is the legal definition of real property?

Real property is land, everything permanently attached to it, and the rights associated with ownership, such as use, transfer, or exclusion.

2. How is real property different from personal property?

Real property is immovable (land, buildings, fixtures), while personal property includes movable items like furniture, vehicles, or jewelry.

3. What are examples of real property?

Examples include houses, commercial buildings, farmland, minerals, trees, and water rights. Fixtures like built-in appliances are also real property.

4. What rights come with owning real property?

Owners generally hold rights of possession, control, enjoyment, exclusion, and disposition, though these may be limited by law or shared with others.

5. Why does the real property definition matter legally?

It impacts taxation, inheritance, zoning, and how ownership is transferred. Clear definitions also help resolve disputes over fixtures, easements, or development rights.

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