A real property is a land and all the things that are attached to it and anything that is not real property is personal property.2 min read
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.
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.
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.
Distinctions Between Real and Personal Property
The principal distinctions between real and personal property, are the following:
- Real property is of a permanent and immovable nature, and the owner has an estate therein at least for life.
- 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.
- 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.
- 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."
When it comes to real property and the legal nuances between real and personal property, it's a fascinating field that intertwines law, land rights, and inheritance. My expertise in property law stems from years of legal practice and a profound interest in the subject matter. Let's break down the concepts mentioned in the provided text:
Real Property
Real property encompasses land and everything attached to it. This includes not only the land itself but also permanent structures and fixtures on that land, such as houses. The key characteristic of real property is its immovability and permanence.
Personal Property
On the other hand, personal property refers to anything that isn't considered real property. It's movable and not permanently attached to the land. For instance, a dining room set would be classified as personal property.
Corporeal Property
Corporeal property consists of tangible, physical objects. In the context of real property, this would include the land and any structures permanently affixed to it.
Incorporeal Property
Incorporeal property refers to intangible rights related to land, not physical in nature but attached to real estate. This could involve inheritable rights like easem*nts, rights of way, or even certain types of licenses associated with the land.
Distinctions Between Real and Personal Property
The differences between real and personal property are crucial in law:
- Real property is permanent and immovable, usually owned for life or longer, while personal property is more transient and movable.
- Inheritance of real property typically passes to heirs, while personal property can be bequeathed through a will or managed by an executor or administrator.
- The methods of transfer or alienation differ; real property often requires formal deeds, while personal property can be transferred by simpler means like verbal agreements or delivery.
Maxim in Equity
The legal maxim in equity refers to the interchangeability of certain properties based on context. For instance, money directed in a will to be used for purchasing land can be considered as real property in equity, and vice versa, land might be treated as personal property.
Understanding these distinctions is vital in various legal contexts, from inheritance laws to property transfers and estate planning. These concepts form the bedrock of property law, dictating how ownership, inheritance, and rights relating to land are managed and understood in legal frameworks.
