Real Property Defined

What is real property? If you’ve ever bought a house then you were dealing with a real estate agent, that should give you a clue.

Real property is generally defined as the real estate assets and the permanent structures attached to the property owners physical land.  Things that are permanently attached to the land include homes, garages, office buildings, fences, sprinkler systems, and other types of buildings often referred to as “improvements to land”. Substances in nature that are beneath the land, such as gas, oil, trees, minerals, are also considered permanently attached. This immovable property is all part of the bundle of ownership for a piece of property.

Items that can be attached to the land but are not necessarily permanent, such as mobile homes and tool sheds, are not considered real property. Examples of property types that can be removed include furniture or television and aren’t real estate property.

If you have concerns about real property law, you can find a real estate attorney near you with our FREE search tool.

What are the laws governing real property?

Property is generally divided into real property and personal property. Real property includes things like your home and the land on which it lies, while personal property ownership includes moveable goods. Your individual car, clothes, and most of your personal possessions are personal property.

There are special legal requirements controlling the ownership rights of ownership for real property estates. Under the Statute of Frauds, all contracts for the sale of real property must be in writing. If a contract regarding real property estates is not in writing, it will not be enforced in a court of law.

Real property of an owner is not covered under the Uniform Commercial Code, or UCC, which refers only to consumer goods. This means UCC warranties and regulations do not apply to the purchase or sale of real estate property.

Case Studies: Illustrating Legal Disputes and Resolutions in Property Ownership and Development

Case Study 1: Residential Property Dispute

John and Mary are neighbors who live in a residential area. John owns a house with a small backyard, while Mary owns a vacant plot adjacent to John’s property. The local zoning regulations state that residential properties must maintain a minimum setback distance from the neighboring properties.

John, concerned about the encroachment, decides to take legal action. He consults with a real estate attorney and provides evidence of the violation. The attorney prepares a case against Mary, claiming trespass and seeking an injunction to halt construction and remove the encroaching structure. The court reviews the evidence and rules in favor of John, ordering Mary to remove the extension and compensate John for any damages caused by the encroachment.

Case Study 2: Commercial Property Lease Dispute

Met Corporation operates a successful retail business in a commercial building owned by Met Real Estate Company. The lease agreement between the two parties outlines the terms and conditions, including the lease duration, rental payment, and maintenance responsibilities.

ABC Corporation contacts Met Real Estate Company to discuss the possibility of terminating the lease early. Met Real Estate Company agrees to negotiate the terms and conditions to accommodate ABC Corporation’s request. After careful negotiation, the two parties reach a mutually acceptable agreement. ABC Corporation pays an early termination fee and agrees to restore the property to its original condition. Met Real Estate Company finds a new tenant promptly, ensuring minimal financial impact for both parties.

Case Study 3: Land Development Dispute

Green Fields Corporation owns a large tract of undeveloped land in a rural area. The land has potential for various uses, including residential, commercial, and agricultural. Green Fields Corporation intends to develop a portion of the land into a residential community.

Green Fields Corporation engages in community outreach and environmental impact assessments to address the concerns of the activists and farmers. They collaborate with environmental experts to design a sustainable development plan that minimizes environmental impact and preserves the existing habitat. The company holds public consultations, where community members can voice their opinions and suggestions.

What’s the bottom line?

Real property is the legal way to refer to land, things contained in the land like oil or minerals, and “improvements” a term that refers to permanent structures on land like houses or buildings or wells.

Generally, states set the rules governing real property within its borders. To understand the application of real property laws in your state, consult a local attorney with experience in this area of law. You can find an experienced real estate attorney near you with our FREE search tool.