All sourcesTreatiseReal Property: Land and anything permanently attached to it (buildings, fixtures, minerals)
Personal Property: Everything else — tangible (cars, furniture) and intangible (stocks, patents)
Fee Simple Absolute: The most complete form of ownership — lasts forever with no conditions
Life Estate: Ownership for the duration of someone's life, then passes to a remainderman
Fee Simple Defeasible: Ownership subject to a condition — if the condition is violated, ownership may revert
Leasehold Estate: The right to possess property for a specific period (tenant's interest under a lease)
Tenancy in Common: Co-owners each own an undivided share. Shares pass through each owner's estate at death.
Joint Tenancy: Co-owners with right of survivorship. When one dies, the other automatically gets full ownership.
Tenancy by the Entirety: Available only to married couples in some states. Similar to joint tenancy with additional creditor protection.
Community Property: In 9 states, property acquired during marriage is owned equally by both spouses.
Deeds: Written instruments that transfer ownership. Types include warranty deed (full guarantees), grant deed (limited guarantees), and quitclaim deed (no guarantees).
Recording: Deeds should be recorded with the county recorder to provide public notice and protect against competing claims.
Title Insurance: Protects against defects in title that weren't discovered during the title search.
Easement: The right to use someone else's land for a specific purpose (e.g., driveway access, utility lines)
Zoning: Local government regulations controlling how land can be used (residential, commercial, industrial)
Eminent Domain: The government's power to take private property for public use with just compensation (Fifth Amendment)
Property Law Fundamentals: Ownership, Transfers, and Land Use
Federal & State Law Editorial Team
Overview of real and personal property law including ownership interests, transfers, easements, zoning, and eminent domain.