Real Property

is that which consists of land, and of all rights and profits arising from and annexed to land, of a permanent, immovable nature. It is usually comprised under the words, lands, tenements, and hereditaments. Real property is corporeal, or incorporeal. Corporeal consists wholly of substantial, permanent objects, which may all be comprehended under the general denomination of land. There are some chattels which are so annexed to the inheritance, that they are deemed a part of it, and are called heir looms. (q. v.) Money agreed or directed to be laid out in land, is considered as real estate. Newl. on Contr. ch.

3; Fonb. Eq. B. 1, c. 6, § 9; 3 Wheat. R. 577.

Incorporeal real property consists of certain inheritable rights, which are not, strictly speaking, of a corporeal nature, or land, although they are by their own nature or by use, annexed to corporeal inheritances, and are rights issuing out of them, or which concern them. These distinctions agree with the civil law. Just. Inst. The incorporeal hereditaments which subsist by the laws of the several states are fewer than those recognized by the English law. In the United States, there are fortunately no advowsons, tithes, or dignities, as inheritances. The most common incorporeal hereditaments, are, 1, Commons; 2, Ways; 3, Offices; 4, Franchises; 5, Annuities; and 6, Rents. For authorities of what is real or personal property, see 8 Com. Dig. 564; 1 Vern. R. by Raithby, 4, n.; 2 Kent, Com. 277; 3 Ib. 331; 4 Watts's R. 341; 3 Bac. Ab. 60; 1 Mass. Dig. 394; 5 Mass. R. 419, and the references under the article Personal property, (q. v.) and Property, (q. v.)