how real property is defined
to understand how real property is defined it s helpful to start with land and real estate land is the earth s surface extending downward to the center of the earth and upward to infinity including everything that is permanently attached by nature or at least attached for the foreseeable future such as boulders trees and water land also includes the minerals below the earth s surface and the airspace above the land 1in contrast real estate is defined as the land at above and below the earth s surface including everything that s permanently attached to it whether natural or artificial therefore the definition of real estate extends to all artificial permanent improvements to the land such as streets utilities sewers fences and buildings real property is a broader term than real estate as it encompasses the interests benefits and rights inherent in the ownership of real estate it includes the physical land the surface as well as what lies below and above it everything that is permanently attached to it whether natural or artificial plus all the rights of ownership including the right to possess sell lease and use the land each state has its own laws regarding what real property is and how to handle its sale for the most part real property isn t subject to federal laws because real estate by definition doesn t move across state borders estates in real propertythe amount and kind of interest a person has in real property is called an estate in land estates in land are broken down into two major classifications freehold estates and non freehold estates freehold estates involve ownership they have an indefinite duration and can last for a lifetime or forever examples of freehold estates include 2unlike a fee simple estate a life estate isn t considered an estate of inheritance non freehold estates involve leases they can t be passed to an heir and they exist without seisin or without ownership also known as a leasehold estate non freehold estates are created through written and oral leases and rental agreements examples of non freehold estates include 3real property vs personal propertythe law makes a clear distinction between real property and personal property real property is immovable it includes the land everything that is permanently attached to it and the rights that run with the land personal property on the other hand is movable it is defined as everything that isn t real property such as your clothes furniture cars boats and any other movable items that aren t attached to real estate real property vs real estatereal estate is land at above and below the earth s surface including everything permanently attached to it whether natural or artificial real property is everything included in real estate plus the rights of ownership including the right to possess sell lease and enjoy the land 