Land and everything permanently attached to it—buildings, fences, trees, and fixtures—constitute real property. The term distinguishes immovable assets from personal property that can be relocated.
Real property rights are transferred by deed and recorded in public land records. They are subject to taxation, zoning, eminent domain, and private restrictions. Fixtures that began as personal property can become real property when permanently affixed.
Legal descriptions identify real property with precision. Ownership can be divided into surface, mineral, and air rights. Understanding what is included as real property prevents disputes at closing and clarifies what a mortgage actually secures.
If you cannot pick it up and carry it away, it is probably real property.
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