Real Property Defined

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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, often referred to as "improvements". Substances that are beneath the land, such as gas, oil, minerals, are also considered permanently attached. 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.

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 includes moveable goods. Your car, clothes, and most of your personal possessions are personal property.

There are special legal requirements controlling the ownership of real property. 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. Real property 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 property. 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.   

 

 

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