real estate (real property) – land and anything growing, attached to, or erected on it, excluding anything that may be severed without injury to the land

     This page is continued from Property:


real property:

1. Land and anything growing on, attached to, or erected on it, excluding anything that may be severed without injury to the land.  *  Real property can be either corporeal (soil and buildings) or incorporeal (easements). – aka realty; real estate. [1]

1. Land. Such things as are permanent, fixed, and immovable, lands, tenements, and hereditaments of all kinds, which are not annexed to the person or cannot be moved from the place in which they subsist. 42 Am J1st Pr0p § 13.

In a strictly technical sense, such an interest as one has in land; a right, interest, or ownership, existing in the soil, and consisting of an estate in fee or for life. Callihan v Martin, 3 Cal 2d 110, 43 P2d 788,101 ALR 871. ‘

The term has been frequently defined by statute to be coextensive with lands, tenements, and hereditaments, and covers all that goes to make up the earth in its natural condition, including petroleum as found in its natural state, unmined coal, sand or gravel in its original bed, subterraneous water not flowing in a definite course, but percolating through the earth, a room in a house, a toll bridge over a navigable river, and the tolls authorized by law, and mining claims. 42 Am J1st Prop.
     See fixture. [2]

1. Land, including things located on it or attached to it directly (EXAMPLE: buildings) or indirectly (EXAMPLES: fixtures); real estate.

2. In the technical sense, the interest a person has in land or her rights with respect to it. [3]

     “Real estate – or, to use the more formal term, real property – means primarily land, and everything which is naturally a part of the land, or is more or less permanently added to it.  Trees, mineral deposits, gas and oil wells are all classed as real property so long as they remain a part of the land, but if the trees are cut down or the minerals extracted they cease to be real property and become personalty.  Buildings and improvements of all kinds, which are permanent additions to the land upon which they stand, are a part of the real estate. [2]

immovable property – land, and objects so firmly attached that they are regarded as part of the land.

common property – real property held by two or more persons with no right of survivorship.


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: William J. Grange, Real Estate: A Practical Guide to Ownership, Transfer, Mortgaging, and Leasing of Real Property 3 (1937).


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