A Brief Guide to real estate probate

The term real estate is one that we probably all associate with property, particularly buildings and homes, perhaps land as well, but in every day use it is far more common across the pond in the US rather than here in the UK. However, in the legal sphere the term is in standard use in the area of law known as real estate law – the law applying to all matters relating to the property market.get redirected here

The value of the property market itself is vast. Across developed countries in 2002, The Economist estimated the market to be worth $68billion (77% of which is the residential property market) therefore also valuing it at 17% more than the total financial assets of these countries. What’s more, for the individuals or companies involved in the market, property often amounts to their biggest single asset and in the case of residential property, more pertinently and emotively, their home. The laws surrounding real estate are therefore often complex and the stakes dealt with are high.

What is Real Estate

As mentioned above real estate in a broad sense equates to what we term as property in everyday parlance. More specifically however, it refers to what are known as immovable objects owned by a party as opposed to movable objects that that party can take with them. In reality this definition covers objects such as land, the buildings thereon and other static objects which are attached to the land (or buildings), including crops and other natural resources found on that land. Conversely the objects which are not static come under the banner of possessions.

In addition to the physical elements of property the term also covers the rights that come with the ownership of that land such as the right to access it (or the air space above it), to mine it, to fish it etc.

In some legal contexts, and particularly in the UK, the term can be supplanted with the term real property (or just property) and instead real estate can be used, for example under probate law, more specifically to refer to a person’s share in property or real property at the time of their death.

What Does Real Estate Law Concern

Real estate law is therefore the area of law that deals with these estates/properties, the immoveable objects that are attached to them, any interests in them and the rights that come with them, although it can reach slightly outside of this (immovable object) brief when dealing with legal issues surrounding portable homes such as boats, caravans and mobile homes.

It comes under the wider area of law know as property law (although there are also many overlaps with contract law in practice), which itself concerns the rights that people have to objects that belong to people, and falls mostly under common law (law determined by precedents). The other area(s) of property law not covered by real estate law relate to the (non-fixed) possessions mentioned above or as they can otherwise be known chattels.