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Difference Between Personal Property and Real Property

Posted on 01/03/2023 11:41 AM | by NaijaHouses

Difference Between Personal Property and Real Property

As a homeowner, it is essential to understand the distinction between personal property and real property. Although the two are similar, they differ in various aspects, such as ownership and legal rights. Real property is land, and anything that is permanently attached to it, while personal property is everything else that is not attached to the land. In this article, we will delve into the differences between personal property and real property, the legal rights associated with each, and why it matters.

 

What is Personal Property?

Personal property, also known as movable property, is anything that you can own, except for land and anything permanently attached to it. Examples of personal property include furniture, electronics, vehicles, jewelry, and money. Personal property can be moved, which is why it is referred to as "movable." Since the personal property is movable, it can be bought, sold, or transferred easily.

Ownership of personal property is straightforward. If you purchase personal property, you own it outright, and you can do whatever you want with it, provided it is legal. You can also give your personal property away or sell it without seeking permission from anyone else. It is essential to note that some types of personal property may require registration or licensing, such as vehicles and boats.

 

What is Real Property?

Real property, also known as immovable property, refers to land and anything permanently attached to it. Examples of real property include houses, buildings, trees, and water bodies. Real property is immovable, which means that it cannot be moved from one place to another.

Ownership of real property is more complicated than that of personal property. When you purchase real property, you own both the land and the permanent structures attached to it. However, you also acquire certain legal rights, such as the right to use and enjoy the land and the right to sell or transfer ownership of the property.

 

Legal Differences Between Personal Property and Real Property

The legal differences between personal property and real property primarily stem from their ownership structures. Since personal property is movable, it is easier to buy, sell, and transfer ownership. With real property, the legal rights and ownership structure is complex, and ownership is typically transferred through a deed.

Another critical difference between the two is that real property is subject to property taxes, while personal property is not. Property taxes are assessed on the value of the land and any structures attached to it, such as buildings, as well as any improvements made to the property. Personal property is generally taxed differently, with taxes being assessed on specific items, such as cars or boats.

 

Why Does the Difference Between Personal Property and Real Property Matter?

Understanding the difference between personal property and real property is essential, particularly when it comes to legal and financial matters. It is essential to know what you own and how it is classified under the law, as this can affect your legal rights and obligations. For example, if you are buying a house, you need to know whether it is classified as real property or personal property.

 

Additionally, owning real property comes with more legal obligations than owning personal property. For example, as a property owner, you are responsible for maintaining the property and ensuring that it meets safety and health standards