Real

At Common Law. A term which is applied to land in its most enlarged signification. Ileal security, therefore, means the security of mortgages or other incumbrances affecting lands. 2 Atk. 806; s. c. 2 Ves. Sen. 547. In Civil Law. That which relates to a thing, whether it be movable or immovable, lands or goods: thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common-law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.

In common law. Relating to land, as distinguished from personal property. This term is applied to lands, tenements, and hereditaments.

In the civil law. Relating to a thing, (whether movable or immovable,) as distinguished from a person.

— Real burden. In Scotch law. Where a right to lands is expressly granted under the burden of a specific sum, which is declared a burden on the lands themselves, or where the right is declared null if the sum be not paid, and where the amount of the sum, and the name of the creditor in it, can be discovered from the records, the burden is said to be real. Bell.

— Real ehymin. L. Fr. In old English law. The royal way; the king's highway, (regia via.)

— Real injury. In the civil law. An injury arising from an unlawful act, as distinguished from a verbal injury, which was done by words. Hallifax, Civil Law, hi 2, c. 15, nn. 3, 4.
—Real things, (or things real.) In common law. Such things as are permanent, fixed, and immovable, which cannot be carried out of their place; as lands and tenements. 2 Bl. Comm. 15. Things substantial and immovable, and the rights and profits annexed to or issuing out of them. 1 Steph. Comm. 156. As to real "Action," "Assets," "Chattels," "Composition," "Contract," "Covenant," "Estate," "Evidence," "Issue," "Obligation," "Party," "Poinding," "Privliege," "Property," "Representative," "Right," "Security," "Servitude," "Statute," "Warrandice," and "Wrong," see those titles.

Actual, not formal or nominal; a relating to land, or to ownership of or title to land, — a sense derived from the feudal law, in which land was more important than other things. Real action: an action for the recovery of real property; an action relating to real property. Real assets: real estate in the hands of an heir, chargeable with the payment of the debts of the ancestor. Real contract: a contract respecting real property, as a lease for years. Real estate: landed property, including all estates and interests in lands which are held for life or some longer period of duration; — broker: one who engages in the purchase and sale of real estate as a busine.ss. Real evidence: evidence of which any object belonging to the class of things is the source, persons included, in respect of such properties as belong to them in common with things. Real property: lands, tenements and hereditaments. Real things, or things real: things permanent, fixed and immovable, as lands and tenements, and the rights and profits annexed to or issuing out of them.

In old English law. Real wrong; an injury to the freehold.

In Scots law. Real right: a right of property in a subject; a jus in re.

In the civil law. Relating or belonging to, or founded upon, a thing, related the obligation arose from the thing itself which was the subject of it Real injury: an injury arising from an unlawful act, as distinguished from a verbal injury. Real, or'prsedial servitnde: a right which one estate or piece of land owes to another. Real statutes: statutes which in the main have property for their subject

V. Personal. Real action, chattels, Chattels, Contract.

In common-law jurisprudence, generally signifies landed; having the attributes of permanency and immobility which distinguish the soil; connected with or relating to land, or estate in land. In the civil law, the meaning is more comprehensive, corresponding with the derivation from res. It distinguishes things, movable or immovable, from persons, and means connected with or relating to things. Thus a real injury is any tort to lands or chattels, not to the person; a real statute is one which relates to things, not to persons. Real action. In common-law language, an action specifically involving or brought for the recovery of real property. The expression did not include such remedies as ejectment, which involved the recovery not only of possession of land, but also of damages for its detention, and hence was called a mixed action (y. u.); and the forms of action to which it was properly applicable have now been generally disused, and the learning respecting them is well-nigh obsolete for purposes of the American practitioner. Consult the treatise of Stearns or of Booth on real dctions. Among the civilians, real actions, otherwise called vindications, are those in which a man demanded something that was his own, and which were founded on dominion, or jus in re. The real actions of the Boman law were not, like the real actions of the common law, confined to real estate, but they included personal as well as real property. But the same distinction as to classes of remedies and actions equally pervades the common law as it does the civil law. Thus there are in the common law the distinct classes of real actions, personal actions, and mixed actions. The first embracing those which concern real estate where the proceeding is purely in rem, the next embracing all suits in personam for contracts and torts, and the last embracing those mixed suits where the person is liable by reason of and in connection with property. {Story Con/l. Laws, 181.) Wharton. Real assets. When some portion of the assets of a bankrupt, insolvent, or decedent estate consists in landed property, that portion is called real assets.- Real burden. In Scotch law, a condition imposed on an estate which is effectual against creditors and heirs. The power of imposing such a real burden is exercised by the person granting a heritable bond. has any distinct use in common-law jurisprudence, it means a contract specifically involving landed property. In the civil law, it has the broader sense of a contract involving property, not mere personal act or consent; contracts calling for delivery of a thing. Real covenant. A covenant specifically involving or affecting landed property or interests; and, in a more precise use, a covenant creating or imposing an obligation to pass something real. The authorities conflict as to the sense most properly assignable to the term. See Bouvier. Real estate; real property. These terms are used indifferently for interest or ownership in land; immovable things, and things of the nature of land, or for the land and things themselves, considered as subjects of property. Either is, in general, coextensive with " lands, tenements, and hereditaments " (Cook u. Hammond, 4 Mas. 467, 490; Pelletrean v. Smith, 30 Barb. 494; 1 N. Y. Rev. Stat. 750, § 10; Code of Pro. § 462); includes the land itself, aU buildings, &c., trees, &c., and mines, minerals, &c. (1 N. Y. Rev. Stat. 387, § 2); includes every estate, &c., legal and equitable, in lands, &c., except such as are determined by the death of an intestate, and except leases for years, and estates for the life of another (Id. 754, § 27); all estates or interests in such real property which are held for life or some greater estate, but does not embrace terms for years and other chattel interests in land (Westervelt v. People, 20 Wend. 416); every possible interest in lands, except a mere chattel interest (Jackson v. Parker, 9 Cow. 73). Neither is limited to the land; but all improvements of a permanent character placed upon real estate are regarded as part of the land. Where a stranger constructs a building upon the land of another without his consent, it becomes a part of the land, and he would become a trespasser by removing it. Mathes v. Dobschuetz, 72 III. 438. The division of real and personal property is substantially coincident with that into lands, tenements, and hereditaeach division, the principle underlying the division is feudal. It is directly so in the case of the division into lands and chattels, and indirectly so in the case of the division into real and personal property; for as law and society progressed, it became more and more apparent that the essential difference between lands and goods was to be found in the remedies for the deprivation of either; that as to the one, the land itself could be recovered, while, as to the other, proceedings could be had against the person only. The two great classes of property accordingly began to acquire two other names that were characteristic of this difference; and, with reference to the remedies for the recovery of each, were called respectively real and personal property. See Williams R. P. In another aspect of the distinction, by real property, or real estate, are understood such interests in land as, on the death of their owner, intestate, descend to his heir at law; or, if the land be copyhold or customary freehold, to the heir or heirs pointed out by the custom; while personal property and personal estate denote such property as, on the owner's death, devolves on his executor or administrator, to be distributed (in so far as it is not required for creditors, or as the owner has not made any disposition by will) among his next of kin, according to the statutes of distributions. The term real property is not precisely synonymous with property in land; nor is personal property exactly synonymous with movable property. Thus a title of honor, though annexed to the person of its owner, is real property, because in ancient times such titles vyere annexed to the ownership of various lands. On the other hand, shares in English canals and railways are in general made personal property by the different acts of parliament under the authority of which they have originated; and many similar laws exist in the United States. And a lease for years is personal property, because, in ancient times, an ejected lessee could not recover his lease by real action; but he could bring a personal action for damages against his landlord, The term real estate is generally applied to landed property, and includes all estates and interests in lands which are held for life or for some greater estate, and whether such lands be of freehold or copyhold tenure. Tomlins. The track of a railroad and the land on which it is constructed are not real estate, for the purposes of taxation. Portland, &c. R. R. Co. V. Saco, 60 Me. 196. A mortgage executed by an individual member of a firm, upon land the legal title to which is vested in him, but which is in fact owned and used by the firm as partnership property, is real-estate security, within the meaning of a clause in the will directing such security to be taken for money loaned. Miller v. Proctor, 20 Ohio St. 442. Real-estate agent. Any person whose business it is to sell, or offer for sale, real estate for others, or to rent houses, stores, or other buildings, or real estate, or to collect rent for others. Act of July 13, 1866, 49, 14 Stat, at L. 118. Real la-w, or statute. A civil-law expression for a law which relates specifically to property, not to persons. Laws purely real are those which directly and indirectly regulate property, and the rights of property, without intermeddling with or changing the state of the person. Wkartmi. Real representative. He who represents or stands in the place of another, with respect to his real property, is so termed, in contradistinction to him who stands in the place of another, with regard to his personal property, and who is termed the personal representative. Thus the heir is the real representative of his deceased ancestor. Real right. The right of property or jus in re, the person having which may sue for the subject itself. A personal right or jus ad rem entitles the party only to an action for performance of the obligation. Wharton. Real things. Things substantial and immovable, and the rights and profits annexed to or issuing out of them. Wharton.

is a term which is applied to land in its most enlarged signifation. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 3 Atk. 806; 8. C. 2 Ves. sen. 547.