Real estate, or real property, is defined as land and the improvements made to land, and the rights to use them.
1 Chapter 2
CHAPTER 2: Nature and Description of Real Estate
I. Define Land and Appurtenances
II. Define Improvements
III. Define Fixtures as they are defined in your
state; emphasize the importance of
A. Manner of Attachment
B. Adaptation of the Object
but don’t forget about the simple
but don’t forget about the simple
light fixture.
C. Existence of an Agreement Explain what courts consider most important.
D. Relationship with the Parties
E. Ownership of Plants, Trees, Crops
IV. Define Appurtenances
V. Explain how water Rights affect the land
!
VI. Explain the need for Land Descriptions !”#
A. Informal References
B. Metes and Bounds
1. Define Permanent Monuments #$!%&’!
#
2. Define and give examples of Compass
Directions
C. Rectangular Survey System %!
1. Define Range #’ !#
2. Define Township ”#
3. Define Section
4. Define Acre (!
D. Show a Recorded Plat details.
E. Discuss problems using Assessor’s Parcel
Numbers ‘!)
F. Discuss Reference to Documents Other t!#
than Maps
G. Discuss Grid Systems
VII. Define Vertical Land Descriptions
VIII. Discuss Lot Types
IX. Define the Physical Characteristics of Land
A. Immobility
B. Indestructibility
C. Nonhomogeneity
Bring to class local plat maps to help explain legal
descriptions. Can also find examples on Internet.
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11 13
Teaching Tips
Opening Remarks Start this chapter by asking your class to describe real estate, land,
and personal property. Address how general and limited their
answers are (generally this is the case).
11 13 Land Stress: These three rights can be divided and owned or leased
separately. (See Chapter 17, Vertical Leases.)
11 13
12 14
12 14 Fixtures
Improvements
Personal Property
13 15 Manner of
Attachment
13 15 Adaptation of the
Object
13 15
14 16
15 18
Expanding the Text: Improvements are affixed in a permanent
manner by man and are conveyed by a deed.
Stress: Usually, personal property is moveable. It may also be
called chattel or personalty.
Reference: See Chapter 3, Freehold Estates. Freehold estate cases
are tried under real property laws, but non-freehold cases are tried
under personal property laws.
Examples: Components of a house, e.g., windows, doors, lumber,
bricks, built-in (permanent) cabinets, bookcases, bathtubs, etc.
Unusual Examples: A split-rail fence which is staked in a zigzag
pattern where no part of the fence is imbedded into the ground is
real property. A 20-gallon flower planter resting on the ground in
the courtyard of an office building remains personal property.
Expanding the Text: The attached item must be consistent with
the use and purpose of the property.
Examples: The key which locks/unlocks the door to the house;
custom-made items like draperies or coded garage door openers.
Relationship of the
Parties
Ownership of Plants,
Trees, and Crops
Metes and Bounds
Stress: Trade fixtures are usually removable by tenant.
Expanding the Text: Emblements, also called fructus
industriales, are generally considered personal property. Fructus
naturales, such as grasses and trees, are real property.
Local Distinction: Go to your local courthouse or title company
and get a copy of several legal descriptions dated as early in history
as possible or research information on Internet.
Summary:
Metes = Distance (measured in feet and hundredths of feet, e.g.,
108.68 ft.) Bounds = Direction (stated in deviations of north and
south, in degrees, minutes, and seconds)
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16 19 Point of Beginning Stress: Each metes and bounds description must “close;” that is, it
must stop where it started at the P.O.B.
Local Distinction: Make available several plats, along with their
accompanying written metes and bounds description. These are
available from a local surveyor or your courthouse.
18 21 Rectangular Survey Local Distinction: Make available several plats, along with their
System accompanying written legal description.
20 23 Townships Summary: 6 x 6 miles square, or 36 square miles, or 23,040 acres
20 23 Sections Summary: 36 sections in a township
1 mile x 1 mile, or 1 square mile, or 1 mile square, or 640 acres
21 24 Acre Summary: 640 acres = one section
1 acre = 43,560 square feet (This can help! 66 x 66 x 10)
also the zip code for Sylvania, Ohio is 43560!
1 mile = 5,280 lineal feet
22 25 Recorded Plat Local Distinction: Show the class plats of several local
Subdivisions or ask them to research examples on Internet..
24 26 Reference to Stress: Stress the legality, despite the simplicity, of this method.
Documents Other Than
Maps
26 28 Vertical Land Local Distinction: Provide copies of these descriptions as perti-
Description nent to your area (also can use Internet as resource).
27 29 Lot Types Memory Hook: Help students see the similarity between the
name and the position the lot occupies. Cul-de-sac is of
French derivation meaning a street closed at one end.
27 — Physical Characteristics Stress: The characteristic of immobility makes land a good source
of Land of collateral.
28 — Nonhomogeneity Common Misconception: Many believe that two side-by-side lots
that appear to be identical are 100% the same. The fact is, each is
unique. Each is an original creation. The uniqueness may not be
obvious. It may be in the subsurface or airspace. For example, drill
25 feet on one lot and you may find an abundant supply of water.
Drill 250 feet on the other and you may find none.
29 — Scarcity Stress: Land is scarce in the sense that there is no new land being
made. We must work with that which we presently have.
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29 — Modification
29 — Fixity
30 — Situs Remember location, location, & location
30 — Wrap-Up
1. Fixtures can become improvements. Explain How.
2. Conveying real and personal property. (Real property is
conveyed with a deed, and personal property is conveyed
with a bill of sale.)
3. Name the four tests used in determining whether an item is
real or personal property (Manner of Attachment,
Adaptation, Agreement, Relationship of the Parties).
4. Annual crops are called emblements? (True)
5. An appurtenance passes with the land? (True)
6. The primary land description used in our state is (answer as
per your state).
Class Activity Have students who own real property bring in their deeds and
read the descriptions or have them look up on the Internet from
their area tax office website or do a (www.google.com) search
for examples.