real property

(redirected from Land law)
Also found in: Dictionary, Thesaurus, Financial, Encyclopedia, Wikipedia.

real property

n. 1) all land, structures, firmly attached and integrated equipment (such as light fixtures or a well pump), anything growing on the land, and all "interests" in the property which may be the right to future ownership (remainder), right to occupy for a period of time (tenancy or life estate) the right to drill for oil, the right to get the property back (a reversion) if it is no longer used for its current purpose (such as use for a hospital, school or city hall), use of airspace (condominium) or an easement across another's property. Real property should be thought of as a group of rights like a bundle of sticks which can be divided. It is distinguished from the other type of property, personal property, which is made up of movable items. 2) one of the principal areas of law like contracts, negligence, probate, family law and criminal law. (See: real estate, personal property, reversion, life estate, condominium, easement)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

real property

tangible landed property or incorporeal hereditament.
Collins Dictionary of Law © W.J. Stewart, 2006

REAL PROPERTY, 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. 3 Russ. R. 376. It is usually comprised under the words lands, tenements, and hereditaments. Real property is corporeal, or incorporeal.
     2. 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. (q.v.) Money agreed or directed to be laid out in land is considered as real estate. Newl. on Contr. chap. 3; Fonb. Eq. B. 1, c. 6, Sec. 9; 3 Wheat. Rep. 577.
     3. 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. 2, 2; Poth. Traite de la Communaute, part 1, c. 2, art. 1. 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.
     4. The most common incorporeal hereditaments, are, 1. Commons. 2. Ways. 3. Offices. 4. Franchises. 5. Rents. For authorities of what is real or personal property, see 8 Com. Dig. 564; 1 Vern. Rep. by Raithby, 4, n.; 2 Kent, Com. 277; 3 Id. 331; 4 Watts' R. 341; Bac. Ab. Executors, H 3; 1 Mass. Dig. 394; 5 Mass. R. 419, and the references under the article Personal property, (q.v.) and Property. (q.v.)
     5. 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, 5 B. & C. 221, 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.
     6. 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. 4 Bin. 106.
     7. 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." 3 Bro. C. C. 99; 1 Tho. Co. Litt. 219, n. T.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
the Alien Land Law violated the equal rights of noncitizen Japanese.
Similar to what Ben Kerkvliet demonstrated when discussing the huge impact of everyday political behaviour of ordinary people on the state's agricultural collectivisation in Vietnam, (36) my study, as was mentioned earlier, has also proved that under the pressures from villagers the state has continuously revised the Land Law during the past ten years and more.
Moreover, the amended VFV Land Law of September 2018 has wiped out the ethnic customary land ownership law, which has brought miseries and hardships to the ethnic farmer population, as is evident by many ongoing cases in Karenni state.
The council commenced its discussion of the proposal of Land Laws prevailing in the sultanate with the statement of the Legal Committee, presented by the head of the committee, Abdul Qadir bin Salim al Dhahab.
No statute has ever been enacted implementing the Florida "Alien Land Law." Nor has any court--state or federal--examined whether it is constitutional under the federal or Florida Constitution.
Sakaye Shigekawa, a physician born in South Pasadena, California, in 1913, the year the Alien Land Law was enacted, had just died in 2013 after delivering 20,000 to 30,000 babies over her career, mostly in the Japanese community of Los Angeles.
Many arguments for tenure reform present the relational aspects of land law and property rights as normatively benign.
The House of Representatives voted today to choose in its session Faiq Zidane as Head of the Federal Court of Cassation, after it completed the first reading of the proposed ownership of low-income housing land law submitted by the Legal Committee, the Commission services and construction.
The Vietnamese Constitution, Law on Marriage and Family, and Land Law all provide for equal marital rights over property, land allotment and rent, yet by 2002 only 10-12% of the 12 million farmers who had been given land-use certificates were women.
Land law expert Professor Patrick McAuslan MBE, 77, has died after a short illness.
Such is the experience recounted by anthropologist Ismael Garcia-Colon in Land Reform in Puerto Rico, an engaging and well-crafted analysis of the creation and transformation of the community that his family helped shape in the municipality of Cidra, with the implementation of the Land Law of 1941.