Many people believe that real estate is nothing more than houses, apartment buildings, large office structures. And while that may be true, real estate, by definition is much more.
Once upon a time the powers that be decided to split "property" into two separate groups, real and Personal. What's the difference between these two? In a word, immovability, if it moves, it's considered to be personal with a few exceptions.
Real property consists of three things. Land, things attached or affixed to that land and lastly, appurtenances.
Land is pretty easy. However it's not just the land you own. You also own sub-terrain rights, depending on your location. This is also true with the airspace above your property. You own up to a certain height, again depending on your location. At some point the government takes over and says, okay that's it. The rest is ours. We have airways to think of and we're not going to have every flight file a million easements every time they took off.
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We take this for granted. Your home is considered an attachment. If you look on your deed, I doubt you'll find any mention of the structure on your land. The house transfers with the sale because of its' attachment to the land.
If there is a question regarding whether an item is Personal or Real, many courts use the MARIA system to decide.
M - Method of attachment - How was it attached? Foundation? Nuts and bolts?
A - Adaptability of the attachment - How easily does the attachment go with the overall structure? Think solar panels.
R - Relationship of the parties - Is this a sale? Is this between family members?
I - Intent of the parties - What was the original intent of the party installing the
Real estate is a legal term that includes land along with anything permanently affixed to the land such as buildings, fences and things attached to the buildings, such as plumbing, heating, and light fixtures. The properties not affixed are regarded as personal property.
REITs are securities that invest its major funds in real estate to produce income and distribute its majority of returns to their shareholders. Many individuals are interested in investing in stocks whereas some are interested in investing in real estate. REITs provide a combination of both by the individuals that are investing in securities and later on the trust will be investing in real estate. (Pagliari, 2005, 158)
| Zoning laws have the greatest impact on which "Right" in the Bundle of Rights?
I was listening to this National U pep squad 2014 UAAP Cheer dance Competition. It made me think of how the process of real estate is. The tribal music is like following a specific pattern. The same with real estate, there’s a flow that you have to follow; sometimes it goes crazy scrambled with all information and documents that you have to complete, like this music. But there’s a step by step instruction that you have to follow every step is important, if you miss one process it will not be completed, like the beat. If you miss one component it will not sound good as it does now. But just to do a recap on our lessons, what is real estate? It describes both the physical property and the right attached to it. Do you happen to remember the rights
Real and Tangible Personal Property. To make leases and subleases and grant options to lease, although the terms thereof commence in the future; to purchase, operate, maintain, improve, rehabilitate, alter, demolish, abandon, release, or dedicate any real or tangible personal property; and to develop or subdivide real property, grant easements, and take any other action with respect to real or tangible personal property that an individual owner thereof could take;
Property rights detail what one is able and not able to do with a particular asset. They are a package of rights that include the power to consume, to obtain income from, and to alienate assets, including land, capital, and labor. The state, groups, and individuals as well may exercise rights
The real estate market of Australia tries to develop and emerge continuously. As an outcome, many a number of Australians invest on properties without any hesitant. But, the basic concepts in relation with the real estate industry are still fairly new to several consumers and are also easily confused even with the most common terms utilized in the industry.
Easement by Necessity Through Court Order – In some instances, the court can designate an easement out of necessity. For instance, if a piece of property exists that has no access to the public roadway because it is surrounded by properties owned by others, they must be allowed to exit/enter their own property.
The research reflects that property ownership, management, and development can be tricky. Owning anything of value requires great care, especially when it comes to a natural resource. Many see ownership as a gift, others a curse. It is important to remember the words of Jesus in Matthew
The legal aspect of land is based on property rights and location, in terms of value of accessibility and usage (Nelson, Harris, & Stone, 2001). Values that are not recognized by law are personal value that is “priceless” such as the meaning land might have to a family member of someone that passed due to the connection to the loved one. Similarly, importance of the land used in in a family business started generations ago, in excess of any revenue producing benefit. Historical value, is non-monetary, on land not part of a famous event or holding a building on the historical registry.
Generally, it should be noted that the transfer of ownership does not only occur when there is a handover of psychical possession of the goods. At times, the seller may still have possession of the goods but the ownership would have passed on to the buyer, and on certain occasions, the buyer would have possession of the item but the ownership may still remain with the seller. Thus, many a times uncertainties have risen due to the seemingly challenging task of needing to prove that they have ownership over the goods but
It is not unusual for a first registered mortgagee to refuse to permit the certificate of title of the security property to be used to enable a would-be registered second mortgagee to register its mortgage, unless that second mortgagee has first entered into a deed of priority with the first mortgagee making the priorities clear.
Real estate can be divided into two types: direct and indirect real estate investment. Direct real estate investment means investors directly buy and sell property. REIT is an indirect way of real estate investment. REITs is a type of security, it means investors buy shares of a real estate portfolio managed by professional fund manager.
People have been fighting over land and possessions since Adam and Eve left the Garden of Eden. But what actually constitutes the ownership of property? In the eighteenth century John Locke and Daniel Defoe addressed this question. In his Second Treatise, Locke defends the rights of people to property and he explains the basis for obtaining and maintaining dominion over it. In Robinson Crusoe, Defoe suggests a definition of property that concurs in part with Locke's, which indicates that people can claim ownership of property when they have added their labor to some part of it. In addition, Locke stipulates, according to principles of the rational use of
However, there are significant differences between infrastructure and real estate that makes infrastructure an asset class of its own. Firstly, private sectors