Shopping on line can be easy, simple and save you lots of money. It can also take a lot of your time, frustrate you, and result in unwanted purchases. Now the same can be said for regular high street shopping, but with the vast opportunity presented by the Internet it will pay you to spend a few minutes reading this and understanding how to better optimize your Real Property shopping experience:
1. Compare - without doubt the biggest advantage that the Real Property offers shoppers today is the ability to compare thousands of Real Property at a time. This is a great thing, but not necessarily all the time! Too much can be daunting at times so take advantage of the great comparison sites and where possible let them do the hard work for you.
2. Research - if it has been said it will be on the internet. Ignorance is no longer a justifiable reason for buying the wrong thing. Take the time to research in detail everything that you could possible want to know about
3. Testimonials - don't know anybody that has bought a Real Property? Wrong! If the Real Property is good the internet will let you know. Use the Internet as a friend and get testimonials before you buy.
4. Questions - Got a question about Real Property then search the Forums, FAQ's, Blogs etc. Don't be afraid to ask .....
5. Reputation - Never heard of the company selling Real Property? Don't worry, no reason why you should know every company in the world, but you know someone that does! Use the internet to find out what people are saying about Real Property and build up a picture of their reputation for sales, returns, customer service, delivery etc.
6. Returns - still worried that even after all of the above your Real Property wont be what you want? Check out the returns policy. There is so much competition now that someone, somewhere is bound to offer the terms that you are comfortable with.
7. Feedback - happy with your Real Property then let people know, after all you are depending on others people input in your buying decision, so why not give a little back.
8. Security - check for the yellow padlock on the Real Property site before you buy, and the s after http:/ /i.e. https:// = a secure site
9. Contact - got a question about Real Property, or want to leave a comment then check out the sites contact page. Reputable companies have them and respond.
10. Payment - ready to pay for your Real Property, then use your credit card or PayPal! Be aware of companies that don't accept them, there may be genuine reasons but given the huge amount of choice you have when buying online there is no reason at all not to buy via credit card or PayPal.
Real property is a legal term encompassing
real estate and ownership interests in real estate (
immovable property). It is a type of property differentiated from
personal property.
This article discusses the ownership of Estate in land using the interpretation of real property as a legal term used in Anglo-American common law jurisdictions. Other legal geopolitical systems of government have different legal interpretations concerning the ownership of land. Terminology varies in these systems, as well: for instance,
heritable property in Scotland;
immovable property in
Canada,
United States, India,
Malta,
Cyprus, most of
Europe including Russia, also South America, Malaysia,
South Africa, Pakistan, Bangladesh, and many other countries and continents; and
immobilier (real estate) in France.
Historical background
History of the word
In law, the word
real means relating to a
thing (from Latin
res, matter or thing), as distinguished from a person. Thus the law broadly distinguishes between real property (land and anything affixed to it) and
personal property (everything else,
e.g., clothing, furniture, money). The conceptual difference was between immovable property, which would transfer title along with the land, and movable property, which a person would retain title to. (The word is not derived from the notion of land having historically been "royal" property. The word
royal — and its Spanish cognate
real — come from the unrelated Latin word
rex, meaning king.)
In modern legal systems derived from English common law, classification of property as
real or
personal may vary somewhat according to jurisdiction or, even within jurisdictions, according to purpose, as in defining whether and how the property may be taxed..
English interpretation
The following sections present an overview of real property interests as historically interpreted under English law.Originally obtained from the 1911 edition of
Encyclopædia Britannica, which was a British publication and heavily weighted to a British interpretation of information in that day. Sections excerpted from that publication do not necessarily reflect current English law nor those subsequent to the major reforms in the 1925 legislation.
Land relationship to owner
Real property is not just the ownership of property and buildings — it includes many legal relationships between owners of immovable property (real estate) that are purely conceptual such as the
easement, where the owner of one property may have some right on a neighbouring property, Rights of way in the United Kingdom, or the right to pass over a property, and incorporeal heridiments such as profit a prendre. Real property can also be held in various ways. In some jurisdictions real property is held
Allodial title, in England it may still be considered to be carved out of
The Crown ownership of all property in the realm. Such distinctions are important in terms of the law of escheat or when property reverts to the state because it lacks an owner or has been abandoned.
Definitions
An important area of real immovable property are the definitions of
estates in land. These are various interests that may limit the
ownership rights one has over the land. The most common and perhaps most absolute type of estate is the
fee simple which signifies that the owner has the right to dispose of the property as she/he sees fit. Other estates include the
life estate where the owner's rights to the property cease at their death and fee tail estates where the property at the time of death passes to the heirs of the body (i.e. children, grandchildren, descendants) of the owner of the estate before he died.
In the law of almost every country, it is the state that is the true owner of all land within its territory, because it is the
Sovereignty, or supreme lawmaking authority over it. Individuals don't "own" their land, but only "estates" in the land, also known as "equitable interests", such as the transferrable right to use and exclude others from use.
Estate law
Estate (law)s may be held jointly as
joint tenants with rights of survivorship or as
tenants in common. The difference in these two types of
joint ownership of an estate in land is basically the inheritability of the estate. In joint tenancy (sometimes called
tenancy of the entirety when the tenants are married to each other) the surviving tenant (or tenants) become the sole owner (or owners) of the estate. Nothing passes to the heirs of the deceased tenant. In some jurisdictions the magic words "with right of survivorship" must be used or the tenancy will assumed to be tenants in common. Tenants in common will have a heritable portion of the estate in proportion to their ownership interest which is presumed to be equal amongst tenants unless otherwise stated in the transfer deed.
Real property may also be owned jointly through the device of the condominium or cooperative.
Economic aspects of real property
Because real immovable property is essential for industry or other activity requiring a lot of fixed physical capital (economics),
economics is very concerned with real immovable property and rules like the one regarding its valuation and disposition, and obligations accrueing to its owners. In economic terms, real property consists of some
natural capital (or land, one of the
factors of production especially in agriculture), and
infrastructural capital (the buildings, water and power lines, and other improvements necessary to make immovable property useful for some human purpose). Other fixed physical assets, indistinguishable economically from infrastructure, such as machines, may be stored on immovable property and may require natural or infrastructural attributes (such as running water for a turbine or an isolated location to allow loud noise emissions) hard to duplicate even nearby.
U.S. interpretation
In the United States, each state has its own real immovable property law. All U.S. State except Louisiana rely on variations of common law for the basis of their real immovable property laws. Louisiana's laws are derived from Napoleonic Code but have adopted some of the common law terms over the years.
Types of ownership interests
The law recognizes different types of ownership interests in real property. These different interests, called "estates," encompass different rights. The type of estate held by a landowner is generally determined by the language of the grant through which the landowner acquired the land.
Two differentiating characteristics of estates in land are their duration and transferability. Some important types of estates include:
- Fee simple: This most common estate lasts forever and can be freely transferred.
- Life estate: This estate lasts for the grantee's life. The grantee is called a "life tenant." Though it can generally be sold, sale does not change its duration, which must always be limited by the original grantee's life.
- Leasehold: Leasehold estates are estates of limited duration. For example, an apartment-dweller with a one year lease has a leasehold estate in her apartment. Often, leasehold tenants must pay rent.
If an estate is of limited duration, whoever will take ownership of the land upon its termination has a "future interest." Two important types of future interests are:
- Reversion: A reversion arises when a tenant grants an estate of lesser maximum duration than his own. Ownership of the land returns to the original tenant when the grantee's estate expires. The original tenant's future interest is a reversion.
- Remainder: A remainder arises when a tenant with a fee simple grants someone a life estate, and specifies a third party to whom the land goes when the life estate ends. The third party is said to have a remainder. The third party may have some legal rights to limit the life tenant's use of the land.
See also
Notes and references
External links
- Open Standards Consortium for Real Estate
Real property is a legal term encompassing
real estate and
ownership interests in real estate (immovable property). It is a type of
property differentiated from
personal property.
This article discusses the ownership of
Estate in land using the interpretation of real property as a legal term used in Anglo-American
common law jurisdictions. Other legal geopolitical systems of government have different legal interpretations concerning the ownership of land. Terminology varies in these systems, as well: for instance,
heritable property in
Scotland;
immovable property in
Canada,
United States, India,
Malta, Cyprus, most of Europe including
Russia, also South America,
Malaysia, South Africa,
Pakistan,
Bangladesh, and many other countries and continents; and
immobilier (real estate) in France.
Historical background
History of the word
In law, the word
real means relating to a
thing (from Latin
res, matter or thing), as distinguished from a person. Thus the law broadly distinguishes between real property (land and anything affixed to it) and personal property (everything else,
e.g., clothing, furniture, money). The conceptual difference was between immovable property, which would transfer title along with the land, and movable property, which a person would retain title to. (The word is not derived from the notion of land having historically been "royal" property. The word
royal — and its Spanish cognate
real — come from the unrelated Latin word
rex, meaning king.)
In modern legal systems derived from English common law, classification of property as
real or
personal may vary somewhat according to jurisdiction or, even within jurisdictions, according to purpose, as in defining whether and how the property may be taxed..
English interpretation
The following sections present an overview of real property interests as historically interpreted under English law.Originally obtained from the 1911 edition of
Encyclopædia Britannica, which was a British publication and heavily weighted to a British interpretation of information in that day. Sections excerpted from that publication do not necessarily reflect current English law nor those subsequent to the major reforms in the 1925 legislation.
Land relationship to owner
Real property is not just the ownership of property and buildings — it includes many legal relationships between owners of immovable property (real estate) that are purely conceptual such as the
easement, where the owner of one property may have some right on a neighbouring property,
Rights of way in the United Kingdom, or the right to pass over a property, and incorporeal heridiments such as profit a prendre. Real property can also be held in various ways. In some jurisdictions real property is held Allodial title, in England it may still be considered to be carved out of
The Crown ownership of all property in the realm. Such distinctions are important in terms of the law of
escheat or when property reverts to the state because it lacks an owner or has been abandoned.
Definitions
An important area of real immovable property are the definitions of estates in land. These are various interests that may limit the
ownership rights one has over the land. The most common and perhaps most absolute type of estate is the
fee simple which signifies that the owner has the right to dispose of the property as she/he sees fit. Other estates include the
life estate where the owner's rights to the property cease at their death and
fee tail estates where the property at the time of death passes to the heirs of the body (i.e. children, grandchildren, descendants) of the owner of the estate before he died.
In the law of almost every country, it is the
state that is the true owner of all land within its territory, because it is the
Sovereignty, or supreme lawmaking authority over it. Individuals don't "own" their land, but only "estates" in the land, also known as "equitable interests", such as the transferrable right to use and exclude others from use.
Estate law
Estate (law)s may be held jointly as joint tenants with rights of survivorship or as tenants in common. The difference in these two types of joint ownership of an estate in land is basically the inheritability of the estate. In joint tenancy (sometimes called tenancy of the entirety when the tenants are married to each other) the surviving tenant (or tenants) become the sole owner (or owners) of the estate. Nothing passes to the heirs of the deceased tenant. In some jurisdictions the magic words "with right of survivorship" must be used or the tenancy will assumed to be tenants in common. Tenants in common will have a heritable portion of the estate in proportion to their ownership interest which is presumed to be equal amongst tenants unless otherwise stated in the transfer deed.
Real property may also be owned jointly through the device of the
condominium or cooperative.
Economic aspects of real property
Because real immovable property is essential for industry or other activity requiring a lot of fixed physical capital (economics),
economics is very concerned with real immovable property and rules like the one regarding its valuation and disposition, and obligations accrueing to its owners. In economic terms, real property consists of some
natural capital (or land, one of the
factors of production especially in agriculture), and
infrastructural capital (the buildings, water and power lines, and other improvements necessary to make immovable property useful for some human purpose). Other fixed physical assets, indistinguishable economically from infrastructure, such as machines, may be stored on immovable property and may require natural or infrastructural attributes (such as running water for a turbine or an isolated location to allow loud noise emissions) hard to duplicate even nearby.
U.S. interpretation
In the
United States, each state has its own real immovable property law. All U.S. State except Louisiana rely on variations of common law for the basis of their real immovable property laws. Louisiana's laws are derived from
Napoleonic Code but have adopted some of the common law terms over the years.
Types of ownership interests
The law recognizes different types of ownership interests in real property. These different interests, called "estates," encompass different rights. The type of estate held by a landowner is generally determined by the language of the grant through which the landowner acquired the land.
Two differentiating characteristics of estates in land are their duration and transferability. Some important types of estates include:
- Fee simple: This most common estate lasts forever and can be freely transferred.
- Life estate: This estate lasts for the grantee's life. The grantee is called a "life tenant." Though it can generally be sold, sale does not change its duration, which must always be limited by the original grantee's life.
- Leasehold: Leasehold estates are estates of limited duration. For example, an apartment-dweller with a one year lease has a leasehold estate in her apartment. Often, leasehold tenants must pay rent.
If an estate is of limited duration, whoever will take ownership of the land upon its termination has a "future interest." Two important types of future interests are:
- Reversion: A reversion arises when a tenant grants an estate of lesser maximum duration than his own. Ownership of the land returns to the original tenant when the grantee's estate expires. The original tenant's future interest is a reversion.
- Remainder: A remainder arises when a tenant with a fee simple grants someone a life estate, and specifies a third party to whom the land goes when the life estate ends. The third party is said to have a remainder. The third party may have some legal rights to limit the life tenant's use of the land.
See also
Notes and references
External links
- Open Standards Consortium for Real Estate
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