THE EARTH'S SURFACE EXTENDING DOWNWARD TO THE CENTER OF THE EARTH AND UPWARD TO INFINITY, INCLUDING PERMANENT NATURAL OBJECTS, SUCH AS TREES AND WATER

THE SURFACE AND UNDERLYING SOIL (SUBSURFACE), THE AIR ALL THE WAY INTO SPACE (AIRSPACE)

THINGS NATURALLY ATTACHED (BOULDERS AND PLANTS),  ALSO MINERALS AND SUBSTANCES

LAND AT, ABOVE, AND BELOW THE EARTH'S SURFACE, PLUS ALL THINGS PERMANENTLY ATTACHED TO IT, WHETHER NATURAL OR ARTIFICIAL

NOT ONLY COMPONENTS OF THE LAND BUT ALSO ALL PERMANENT MAN-MADE IMPROVEMENTS (ARTIFICIAL THINGS ATTACHED TO THE LAND I.E. BUILDING, FENCE, OR INFRASTRUCTURES SUCH AS SEWERS) ON AND TO THE LAND

THE INTERESTS, BENEFITS, AND RIGHTS THAT ARE AUTOMATICALLY INCLUDED IN THE OWNERSHIP OF LAND NAD REAL ESTATE

INCLUDE'S EARTH'S SURFACE, SUBSURFACE, AIRSPACE, & ALL THINGS PERMANENTLY ATTACHED TO IT BY NATURE OR PEOPLE, AND THE LEGAL RIGHTS INNATE TO THE OWNERSHIP OF A PARCEL OF REAL ESTATE

RIGHT OF:

POSSESSION

TO CONTROL THE PROPERTY WITHIN THE FRAMEWORK OF THE LAW

ENJOYMENT (TO USE THE PROPERTY IN ANY LEGAL MANNER)

EXCLUSION (TO KEEP OTHERS FROM ENTERING OR USING THE PROPERTY)

DISPOSITION (TO SELL, WILL, TRANSFER, OR OTHERWISE DISPOSE OF OR ENCUMBER THE PROPERTY)

FROM OLD ENGLISH LAW

1.) THE RIGHT TO OWNERSHIP OF THE LAND, INCLUDING THE OWNER'S BUNDLE OF RIGHTS

2.) EVIDENCE OF THAT OWNERSHIP BY A DEED

REFERS TO OWNERSHIP OF REAL PROPERTY NOT A PRINTED DOCUMENT

THE DOCUMENT BY WHICH THE OWNER TRANSFERS TITLE TO THE REAL PROPERTY IS THE DEED

(RUNS WITH THE LAND) A RIGHT OR PRIVILEDGE ASSOCIATED WITH THE PROPERTY, ALTHOUGH NOT NECESSARILY A PART OF IT

CONNECTED TO THE PROPERTY AND OWNERSHIP TRANSFERS TO THE NEW OWNER WHEN THE PROPERTY IS SOLD

EXAMPLES: PARKING SPACES IN MULTIUNIT BUILDINGS, EASEMENTS, WATER RIGHTS, & OTHER IMPROVEMNETS

SURFACE - THE USE OF THE SURFACE OF THE EARTH

SUBSURFACE - THE NATURAL RESOURCES BELOW THE EARTH'S SURFACE

*AN OWNER MAY TRANSFER SURFACE RIGHTS WITHOUT TRANSFERRING SUBSURFACE RIGHTS

AIR - THE USE OF THE SPACE ABOVE THE EARTH

WATER - SPECIAL COMMON-LAW RIGHTS HELD BY OWNERS OF LAND ADJACENT TO RIVERS, LAKES, OR OCEANS AND ARE RESTRICTIONS ON THE RIGHTS OF LAND OWNERSHIP

AKA PERSONALTY

ALL THE PROPERTY THAT CAN BE OWNED AND THAT DOES NOT FIT THE DEFINITION OF REAL PROPERTY

PERSONAL PROPERTY IS MOVABLE

ITMES ARE REFERRED TO AS CHATTELS

INCLUDE CHAIRS, TABLES, CLOTHING, MONEY, BONDS, AND BANK ACCOUNTS

DWELLINGS THAT ARE NOT CONSTRUCTED AT THE SITE BUT ARE BUILT OFF-SITE AND TRUCKED TO A BUILDING LOT WHERE THEY ARE INSTALLED OR ASSEMBLED

INCLUDES MODULAR, PANELIZED, PRECUT, AND MOBILE HOMES

USUALLY CONSIDERED PERSONAL PROPERTY BUT CAN BECOME REAL PROPERTY

1.) TREES, PERENNIAL SHRUBBERY, AND GRASSES THAT DO NOT REQUIRE ANNUAL CULTIVATION AKA FRUCTUS NATURALES - CONSIDERED REAL PROPERTY

2.) ANNUALLY CULTIVATED CROPS (FRUITS, VEGETABLES, GRAINS) AKA EMBLEMENTS / FRUCTUS INDUSTRIALES - CONSIDERED PERSONAL PROPERTY

PERSONAL PROPERTY THAT HAS BEEN SO AFFIXED TO LAND OR A BUILDING THAT, BY LAW, IT BECOMES PART OF THE REAL PROPERTY - ALMOST ANY ITEM THAT HAS BEEN ADDED AS A PERMANENT PART OF A BUILDING

EX. HEATING SYSTEMS, ELEVATORS, RADIATORS, KITCHEN CABINETS, LIGHT FIXTURES, AND PLUMBING

QUESTION OF INTENT

1.) METHOD OF ANNEXATION

2.) ADAPTATION TO REAL ESTATE

3.) AGREEMENT

PROPERTY USED IN THE COURSE OF BUSINESS

AKA CHATTEL FIXTURE

BOWLING ALLEYS, STORE SHELVES, BARROM AND RESTAURANT EQUIPMENT, CHICKEN COOPS, TOOLS SHEDS

MUST BE REMOVED ON OR BEFORE THE LAST DAY THE PROPERTY IS RENTED - IF NOT REMOVED, BECOME THE REAL PROPERTY OF THE LANDLORD - 'ACCESSION'

DIFFERENCES: FIXTURES BELONG TO THE OWNER OF THE REAL ESTATE, BUT TRADE FIXTURES ARE USUALLY OWNED AND INSTALLED BY A TENANT FOR THE TENANT'S USE

FIXTURES ARE CONSIDERED A PERMANENT PART OF A BUILDING, BUT TRADE FIXTURES ARE REMOVABLE - MAY BE ATTACHED TO A BUILDING SO THEY APPEAR TO BE FIXTURES

1.) SCARCITY

2.) IMPROVEMENTS

3.) PERMANENCE OF INVESTMENT

4.) LOCATION OR AREA PREFERENCE ("SITUS" TO PLACE) - SINGLE MOST IMPORTANT ECONOMIC CHARACTERISTIC OF LAND

1.) IMMOBILITY

2.) INDESTRUCTABILITY

3.) UNIQUENESS (NONHOMOGENEITY)

1.) CONTRACT LAW

2.) GENERAL PROPERTY LAW

3.) AGENCY LAW

4.) REAL ESTATE LICENSE LAW

5.) FEDERAL, STATE, AND LOCAL TAX LAWS

6.) ZONING AND LAND USE LAWS

7.) FEDERAL, STATE, AND LOCAL ENVIRONMENTAL REGULATIONS