Real Property VS Real Estate: What's the Difference? (2024)

By: ROS Team

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There are a lot of legal terms out there that can be confusing for people who aren’t familiar with them. Two of these terms are “real property” and “real estate.” Though they sound similar, they have very different meanings. In this blog post, we will discuss the difference between these two terms and how they relate to each other.

What is Real Property?

Real property is a legal term that refers to land and any buildings or other structures on it. It is also sometimes called real estate or immovable property. The land itself is considered real property, while any fixture or improvement on the land, such as a house or a fence, is considered personal property.

In many jurisdictions, the ownership of real property includes the owner’s exclusive right to use and possess the land, as well as the right to sell or lease it to others. The rights associated with real property are governed by a complex body of law, which can vary significantly from one jurisdiction to another.

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Real property can be divided into two main categories:

1) Corporeal
2) Incorporeal

Corporeal, real property is what most people think of as land, such as houses, buildings, parks, raw land, and so on.

Incorporeal, real property is what is attached to the land, such as rights of way, air rights, and subsurface rights. An example of incorporeal, real property is the right to drill for oil or natural gas, which must be granted for it to be legally extracted. All legal rights associated with real estate are typically granted through a deed or contract.

What is Real Estate?

Real estate is one of the oldest and most common types of property. It refers to land, as well as any buildings or structures on it, and any natural resources within or beneath it, including water, minerals, or timber.

In order to own real estate, a person must have legal title to the land. This can be done through purchase, inheritance, gift, or lease. Once someone has legal title to a piece of real estate, they can do with it what they please, subject to any restrictions placed on the land by local ordinances or zoning laws.

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Real estate can be bought and sold, rented out to tenants, or used for personal purposes like farming or recreation. It is a versatile asset that can provide security and income for its owner.

There are three types of real estate:

1) Residential
2) Commercial
3) Industrial

Real Property vs Real Estate – What’s The Difference?

Real property and real estate are often used interchangeably, but there is actually a difference between the two, Real property refers to the land and any permanent improvements that have been made to it, such as buildings, fences, or wells.

In contrast, real estate generally refers to any type of property that can be bought or sold, including both land and any structures that have been built on it. In other words, real property is a subset of real estate.

Because real estate can be bought and sold, it is often seen as a more valuable commodity than real property. However, both types of property can offer substantial benefits to their owners.

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While real property and real estate are both important in the world of business and investments, they serve different purposes. Real property is the foundation upon which businesses can build their operations. It provides the space needed for factories, stores, office buildings, and homes.

In addition, real property can be used as collateral for loans, or it can be leased or rented out to generate income. Real estate, on the other hand, encompasses all aspects of the market for land and buildings. This includes activities such as development, construction, management, and brokerage.

As a result, real estate plays a vital role in ensuring that businesses have the space they need to grow and thrive.

In short, the key distinctions between real estate and real property frequently come down to the legalities of use, property transfer, and occupation. Real property emphasizes the physical characteristics of the property as well as the rights that come with ownership of such property.

Which Is More Beneficial – Real Property Or Real Estate?

Well, that really depends on what you’re looking for. If you’re interested in owning land and collecting rent from tenants, then the real property would be more beneficial for you. However, if you’re interested in investing in property that will produce an income stream from rental payments or through selling it at a higher price later on, then real estate.

What’s The Difference Between Personal Property And Real Property?

The main difference between personal property and real property is that personal property is movable, whereas real property is not. For example, your house is a form of real property, whereas your car is a form of personal property.

Another key distinction between the two types of assets relates to how they’re taxed. Real estate (including land and buildings) is typically taxed at a higher rate than personal property. This is because real estate represents a more tangible form of wealth that can be used to generate income, while personal belongings usually don’t have the same earning potential.

FAQs

How Is Real Estate Taxed?

The way real estate is taxed depends on the state and/or municipality in which you live. Generally, though, real estate is taxed based on its value. So the owner of a property is taxed based on the assessed value of the property, and this tax is paid annually.

How Is Real Property Taxed?

Generally, real property is taxed at a rate based on its value. The value is generally assessed by the local government, and the tax is payable to the local government. In some jurisdictions, special assessments may be made for improvements made to real property (such as a new roof or a new deck), and these special assessments are in addition to the regular property taxes.

What Are The Benefits Of Owning Real Property?

There are many benefits to owning real property, such as increased stability, security, and equity. Owning a home can also provide tax breaks and opportunities for wealth accumulation. Additionally, homeownership has been shown to have a positive effect on mental and physical health.

What Are The Benefits Of Owning Real Estate?

There are a number of benefits to owning real estate, including:

  • Appreciation – Over time, real estate values tend to go up, meaning you can make money by buying and holding onto the property.
  • Tax Breaks – You can get tax breaks on the interest you pay on your mortgage. As well as tax breaks on any capital gains you make when you sell the property.
  • Hedge Against Inflation – Inflation tends to cause prices of goods and services to go up over time. However, the price of real estate usually stays the same or goes up, meaning it’s a good way to protect your money from inflation.

What Are Some Of The Risks Associated With Owning Real Property?

There are a few risks associated with owning real property. One is that you are responsible for maintaining the property, which can be expensive and time-consuming. Another is that you may not be able to sell the property quickly or at all if the market declines. And finally, you could face legal liability if someone is injured on your property.

Real Property vs Real Estate: Final Thoughts

As you can see, real estate is a broader term that includes things like mortgages, rental properties, and other investments. Real property, on the other hand, is just the physical land and buildings. Hopefully, this clears up any confusion, and you will feel more confident in your next conversation about real estate!

Real Property VS Real Estate: What's the Difference? (2024)
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