Using Three Defenition Methods for Defining Real Property
This assignment defines a relatively complex term that relates to our profession by using the 3 definition methods; parenthetical, sentence and expanded. For this example, a lawyer is explaining Real Property to a new home buyer.
Parenthetical Definition
Real Estate transactions include the purchase and sale of Real Property (immovable/fixed property consisting mainly of land and buildings as well as the rights of ownership).
Sentence Definition
| Term | Class | Distinguishing Feature |
| Real Property | a legal term | consisting of land, the fixtures permanently attached to the land and the rights of ownership |
Real Property is a legal term which consists of land, all the fixtures permanently attached to the land; such as buildings, and the rights of ownership.
Expanded Definition
Real Property is a legal term which consists of land, all the fixtures permanently attached to the land and the rights of ownership. The term “Real” is derived from its Latin origin “Res”, meaning actual or existing property. This term refers to the fixed or immovable components of a property, rather than personal items such as furniture.
Real Property activity dates back to the feudal ages (5th-12th century), where the kingdom was too large for a king to manage independently. Land was sectioned into parcels and appointed to nobles, who then had the right of power over the local population and in return, the noble would pledge their loyalty to the king. Today when a buyer purchases a home, they not only receive the physical components of the land, but also the rights associated with ownership such as the right of possession, the right to enjoyment of the land or the right to sell/lease the land.
In order to understand Real Property, it is important to understand the difference between a fixture and a chattel. In a Real Property transaction, only the fixtures are included in the sale. The graphic above demonstrates the difference between some common household elements.
Source: Fixture or Chattel? https://www.coursehero.com/sg/business-law/differences-between-fixtures-and-chattel/
- Fixtures include elements of a property which is affixed permanently to the land, or would cause considerable damage if removed. Some examples include plumbing, lighting fixtures, cabinetry, and landscaping.
- Chattels on the other hand are personal belongings which can be easily removed, such as appliances, plants and curtains.
Note there is a difference between “Real Estate” and “Real Property”. Although both terms include natural (trees, water, minerals ect.) and artificial (buildings, fences, sewer, ect.) attachments to land, in a legal context, only the term Real Property includes the rights of ownership to the land. Real Property is the complete package that is transferred to a property owner.
References:
Feudal Land Tenure. Encyclopedia Britannica. https://www.britannica.com/topic/feudal-land-tenure
Segal, Troy (2020). Real Estate vs. Real Property: What’s the Difference? https://www.investopedia.com/ask/answers/100214/what-difference-between-real-estate-and-real-property.asp
Shing, Patrick (2012). What is the Difference Between a Chattel and a Fixture? Mills & Mills LLP. https://www.millsandmills.ca/blog/real-estate/what-is-the-difference-between-a-chattel-and-a-fixture/
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