Real Estate, Real Property and Leased Land; Definitions, Discussion and Explanations
Delaware, and the rest of the first British
Colonies, has some land that's leased rather than owned by the inhabitants of
the land. Much of it isn't clear to the casual viewer.
The land on Lewes Beach is leased, not
owned by the home owners. The land of Lewes Beach is owned by the City of
Lewes. The lands of Rehoboth by the Sea and Dewey Beach comprise leased land
also. Most of the leases on this land won't be revived but will come back to
the owners and the houses on top of that property is going to be eliminated by
the home owners at their expense. Much of the property in Riverdale, on Indian
River Bay, adjacent to Oak Orchard is rented as well. In Riverdale the leased
land is owned by Chief Clark of the Nanticoke Indians.
We've got about half of the inhabitants of
Sussex County living on rented land; the majority of the leased property is
found in what folks call mobile home parks or communities. But in those
communities there are seldom any houses which are truly portable and there are
even two narrative stick built homes on a few of the leased lands in those
communities. Condominiums and town houses are occasionally located on rented
property as well. Some folks find all this rather difficult to comprehend.
We Realtors and Attorneys utilize the term
fee simple to describe land that is being marketed as real property; that is
real estate. We used the expression leased land or leasehold interest to
describe property that isn't moving as property.
This fairly lengthy text is about Leased
Land, Real Estate, Private Property, Chattels, Mobile Homes, Homes on Leased
Land and also a legal dissertation to define, describe and determine the
differences.
Terminology is important when talking Real
Estate, i.e. real property.
Black's Law Dictionary is the recognized,
definitive source for legal definitions beneath our American Law; which is
derived from English Legislation
PROPERTY: In the strict legal sense, an
aggregate of rights which are protected and guaranteed from government.
PERSONALTY: Personal land; movable
property; chattels; land that is not connected to real estate.
PROPERTY: (private property) - In broad and
general sense, everything that is the subject of ownership, not coming under
the denomination of real estate. A right or interest less than a freehold in
realty, or any right or interest that one has in things . BL6, p. 1217
So personal property, is that which can be
easily removed from the real estate, and is not real estate. Personal property
includes crops, trees, shrubs, trailers, sheds, cars, mobile homes,
manufactured homes which have a Department of Motor Vehicle title instead of a
deed, and the contents of a house or building. At a home or business, the
private property includes curtains, lighting fixtures, rugs (not installed
carpets ) free-standing cabinets and cupboards, furniture, and all the contents
of cabinets, drawers and buildings. Buildings without a foundation, that's
sheds that are only supported by cubes are chattel property, that's private
property, and not a portion of the actual estate. Such chattel includes dog
homes and particularly the little storage buildings that are so common out of
homes today.
LANDS: In the general sense, comprehends
any ground, soil or earth whatsoever... Black's Law dictionary 6th Ed.
PRIVATE PROPERTY: As shielded from being
taken for public uses, is such land as belongs absolutely to an individual, and
of which he has the exclusive right of disposition. Property of a specific,
concrete and fixed nature, capable of being in possession and sent to another,
such as homes, lands, and chattels. BL6, p. 1217. Private property is property,
houses, and chattels. Personal property is protected from being used for public
applications. Private property is possessed absolutely.
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