Legal Definitions - real property

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Definition of real property

In legal terms, real property refers to land and anything permanently attached to it, whether naturally or artificially. This includes not only the surface of the earth but also everything beneath it (like minerals) and everything built upon it (like buildings, fences, or other structures). It is essentially property that is fixed and immovable.

  • Example 1: A Family Home and Its Lot

    Imagine a family purchasing a house with a garden and a detached garage. The entire package—the land on which the house sits, the house itself, the garage, and even the mature trees and shrubs planted in the garden—constitutes real property. The house and garage are permanent structures affixed to the land, and the land itself is inherently immovable.

  • Example 2: A Commercial Office Tower

    Consider a large corporation that owns a skyscraper in a downtown area. The skyscraper, being a massive, permanent structure built into the ground, is real property. The plot of land it occupies, including any underground parking levels or utility infrastructure permanently installed beneath it, are all integral parts of the real property. This contrasts with the office furniture or computers inside, which would be considered personal property.

  • Example 3: A Vineyard with a Winery Building

    A wine producer owns acres of land planted with grapevines, along with a building on the property that houses their winemaking equipment. The land itself, the permanently planted grapevines (as they are rooted in the earth), and the winery building are all classified as real property. The building is a permanent structure, and the land and vines are naturally fixed and immovable assets.

Simple Definition

Real property refers to land and anything permanently attached to it, including structures and natural resources found on or under the land. Unlike personal property, real property is characterized by being fixed and immovable.

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