6/3 Why are "real estate" and "real property" called so? Does the part
"real" mean something like "not fake"?
\- without going into a long discourse into common law,
it is to distinguish land/fixed property from intangible
property [like a patent] and movable, personal property,
like your car. Real property has historically had special
rules, like needed written contract to sell/xfer.
Somewhat curiously, tangible/"movable" property
is also called "chattels", however you may get some
odd looks if you use that word ... but that word doesnt
just apply to cows. There is a lot of detail in this
book, ... like "what is the difference between disseisin
and novel disseisin" ... however it may be OOP:
http://www.amazon.com/Law-Land-Evolution-Legal-System/dp/0671243225
See also "actual malice".
--psb
\- BTW, one of the primary reason for the distinction between
real/personal property, is that until the mid-16th cent, real
property *could not be handed down in a will*, while
personal property could be. This was partially solved
by something called "livery of seisin", which had it's own
problems, until eventually addressed by the Statue of Wills
under Henry VIII ... something you probably didnt learn
watching THE TUDORS. (again, I'm speaking of england, which
is most relevant to the US. And the only area I am familiar
with).
\_ Is your wife still considered chattel property?
\_ Not in California.
\_ How about in Texas? |