Real Property Information
Real property encompasses both the physical land and the rights associated with its ownership, including possession, control, enjoyment, exclusion, and disposition. It can include residential homes, commercial buildings, and undeveloped land. Ownership may also come with certain restrictions, such as zoning laws, easements, or covenants that affect how the land is used. Real property is often a major asset in legal, financial, and estate planning contexts because of its enduring and tangible nature.
Florida Legal Definition
Under Florida law, **real property** is defined as land and improvements, including fixtures, buildings, and all rights and interests in the land. The term is recognized in **Section 192.001(12), Florida Statutes**, which governs property taxation. Florida law also distinguishes between **real property** and **personal property** for purposes such as ownership transfer, homestead exemptions, and taxation. Deeds, mortgages, and liens must be recorded in the county’s public records to establish ownership and priority of interests.
How It’s Used in Practice
In practice, real property is used to describe assets in real estate transactions, land development, and property law. For example, when someone purchases a home, they are acquiring the real property—including the land and any structures built on it. In Florida, real property ownership impacts taxes, inheritance, and zoning compliance. Legal professionals often handle real property matters during closings, estate settlements, and disputes over ownership or boundaries.
Key Takeaways
- Real property includes land, buildings, and anything permanently attached to the land.
- It carries ownership rights such as possession, control, and transfer.
- Defined in Florida Statutes §192.001(12) for taxation and legal purposes.
- Transfers of real property require written and recorded instruments, like deeds.
- Commonly used in real estate, estate planning, and property law transactions.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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