Berkeley CSUA MOTD:2013:June:03 Monday <Tuesday>
Berkeley CSUA MOTD
2013/6/3-7/23 [Reference/RealEstate] UID:54685 Activity:nil
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:
           See also "actual malice".
           \- 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
          \_ Is your wife still considered chattel property?
             \_ Not in California.
                \_ How about in Texas?
Berkeley CSUA MOTD:2013:June:03 Monday <Tuesday>