What is real property?

Real property is generally defined as land and things permanently attached to the land. Things that are permanently attached to the land include homes, garages, and buildings, and may also be referred to as "improvements." Substances that are beneath the land (such as gas, oil, minerals) are also considered permanently attached. Other items that can be attached to the land but that aren't necessarily permanent, such as mobile homes and tool sheds, are not considered to be real property.

 How is real property defined?

Property is generally classified into two major types: real property and personal property. Real property includes things like your home and the land on which it lies, while personal property includes moveable goods. Your car, your clothes, and most of your personal possessions are all personal property.

 It is important to understand what real property is and how it differs from personal property, as there are special legal requirements controlling the ownership of real property.

First, real property is not generally 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 property. You will need to check your specific state laws for details about the rules regarding real property.

 Second, under the Statute of Frauds, all contracts for the sale of real property must be in writing. If a contract regarding real property is not in writing, it will not be enforced in a court of law.

Because states are considered to have the greatest interest of any authority on controlling what happens between their borders, laws regarding real property are almost all going to be set on a state level. As such, if you want to understand more about real property and the laws regarding real property that apply to you, it is in your best interests to consult with a lawyer.