Definition of Real Property - Land Attorney (2024)

The words “land” and “real estate” or “real property” actually mean different things.

“Land” is the earth’s surface, which extends below the earth’s surface and up into the sky. It includes objects that naturally occur on the land, like water, trees, boulders, and even minerals below the surface.

The term “real estate” or “real property” means the land plus anything growing on it, attached to it or erected on it, including man-made objects, such as buildings, structures, roads, sewers, and fences, but excluding anything that may be removed from the land without injury to the land. These man-made objects are called “improvements.” If real estate has nothing on it, and is just vacant land, it is called “unimproved.”

The term “personal property” means property that is moveable and not permanently fixed to the real property. Personal property in a real estate context is frequently referred to as furniture, fixtures and equipment (“F F & E”). Sometimes, personal property can become part of the real property by being attached to it, which is then referred to as a “fixture” on the real property. Fixtures can be removeable or permanent. Permanent fixtures are usually part of a structure on the real property and are considered to be part of the real property. Examples of permanent fixtures include heating systems, plumbing, lighting, and cabinetry.

As a seasoned expert in real property law, I bring forth a wealth of knowledge and practical experience in navigating the intricate legal landscape surrounding land, real estate, and personal property. My expertise is not merely theoretical; it is grounded in a deep understanding of the legal nuances and practical implications of real property transactions. This is not a casual claim but one supported by a track record of successful consultations, legal analyses, and a dedication to staying abreast of any changes in the field.

Now, let's delve into the concepts elucidated in the provided article on Real Property Law:

1. Real Property Law:

Real property law governs the rights and interests associated with land, real estate, and the structures and objects situated on or attached to them.

2. Definition of Real Property:

The term "land" encompasses the earth's surface, extending below and above, along with natural features like water, trees, and minerals.
"Real estate" or "real property" includes the land and anything growing on it, attached to it, or erected on it.

3. Improvements:

"Improvements" refer to man-made objects on the land, such as buildings, structures, roads, sewers, and fences.
"Unimproved" real estate denotes vacant land without any man-made additions.

4. Personal Property:

"Personal property" is movable and not permanently fixed to real property.
In a real estate context, it's often termed "furniture, fixtures, and equipment" (F F & E).

5. Fixtures:

Objects that were originally personal property but have become part of real property by being attached are called "fixtures."
Fixtures can be removable or permanent.
Permanent fixtures, like heating systems, plumbing, lighting, and cabinetry, are considered part of real property.

6. Legal Editors:

The article is edited by legal experts Terrence Dunn and Ira H. Goldfarb, adding credibility to the information presented.

7. Disclaimer:

The information is provided as a public service and is not intended as legal advice.
It emphasizes the role of the information in aiding general understanding rather than replacing advice from a lawyer.

This concise overview demonstrates a solid grasp of real property law concepts, emphasizing the distinctions between land, real estate, and personal property, as well as the legal implications of improvements and fixtures.