We all know what “realty,” “real estate” and “real property” refer to in our day to day lives, but what do these terms really mean?
In legal terms, realty, real estate and real property are the terms used to talk about land and property that has been improved legally in some way. These improvements can include canals, roads, buildings, dams, and wells etc in addition to houses and buildings. Property can thus be divided into real and personal property, both of which are protected by civil laws in all countries throughout the world.
The Real Thing!
The word “real” comes from the Latin word for “thing”, which has come to refer to real estate property. “Real” property is therefore protected by “real” action. The current laws have now distinguished between real and personal property. Real property is the land itself and anything that is attached to the land. Personal property is all personal belongings, which include furniture, clothing, finances, and everything “personal.” Immovable or real property comes with a deed or title of the land, while movable or personal property doesn’t require a title.
Estates, Realty and Ownership Interests
There are different laws for real property, estates, and interests. There are different types of estates and these types of estates are determined by factors such as the sale of the property, a will, a lease, and more. There are rights that come with an estate, and in order to transfer those rights either through a sale, lease or will etc, the estate and property rights have to be determined first.
Here are some more real estate terms that may be of use:
Fee Simple: A fee simple estate can be transferred freely. The fee simple estate is the most common estate, and the tenant can enjoy the use of the property as well as ownership.
Conditional Fee Simple: A conditional fee simple is an estate that can last forever if the deed owner grants these stipulations. If the conditional fee simple is followed, then the property will remain with the grantor, with the possibility of being passed on to another party.
Fee Tail: The fee tail is an estate that is given to an heir if the tenant has passed away.
Life Estate: A life estate is an estate that is also known as a ‘life tenant’, because the estate will continue for the entire life of the grantee. The life estate can be sold, but the duration will continue on as long as the grantee is still living.
Leasehold: The leasehold is a limited term estate. In the contract the lessee and the lessor are invested in the property. The lessee agrees to pay rent to the lessor that has been agreed in the contract.