Real Property-Pt 1-Blackstone

Front 1

What is the difference between the two classes of property: Corporeal Property, and Incorporeal Property? Give some examples of each.

Back 1

Corporeal Property is visible and tangible; ie.: livestock, buildings, land.
Incorporeal Property is intangible, invisible. ie., debts, annuities, rents. Rights in action exist only in contemplation of the law.

Front 2

For Corporeal and Incorporeal property, in which category(s) do moveable property and immoveable property go? Give examples of each kind.

Back 2

Both Moveable Property and Immoveable property are considered Corporeal Property, as they are both visible and tangible.
Moveable property is such things as livestock, consumables, 'goods or chattels'.
Immoveable property is land and buildings.

Front 3

What were two later divisions of property, still used today? What were the remedies for each?

Back 3

Two later divisions of property still used today are Personal property and Real property. The remedy for personal property is an action to recover against the person. In the case of Real property, the remedy is to return it to the owner.

Front 4

What were the original examples of both personal property and real property?

Back 4

Goods and chattels became known as personal property, while land and tenements became known as real property.

Front 5

How were corporeal and incorporeal properties transferred in ancient times?

Back 5

The manner of transfer was the main distinction of these two classes of property in ancient times. Corporeal (tangible) property was delivered from one to another by actual transfer called livery of seisin, or by a symbolical delivery where land or bulky articles prohibited a convenient transfer. the transfer of incorporeal property had to be done in writing, due to the nature of it being intangible, having only a mental existence.

Front 6

What is the difference between the two classes of property: Corporeal Property, and Incorporeal Property? Give some examples of each.

Back 6

Corporeal Property is visible and tangible; ie.: livestock, buildings, land.
Incorporeal Property is intangible, invisible. ie., debts, annuities, rents. Rights in action exist only in contemplation of the law.

Front 7

For Corporeal and Incorporeal property, in which category(s) do moveable property and immoveable property go? Give examples of each kind.

Back 7

Both Moveable Property and Immoveable property are considered Corporeal Property, as they are both visible and tangible.
Moveable property is such things as livestock, consumables, 'goods or chattels'.
Immoveable property is land and buildings.

Front 8

What were two later divisions of property, still used today? What were the remedies for each?

Back 8

Two later divisions of property still used today are Personal property and Real property. The remedy for personal property is an action to recover against the person. In the case of Real property, the remedy is to return it to the owner.

Front 9

What were the original examples of both personal property and real property?

Back 9

Goods and chattels became known as personal property, while land and tenements became known as real property.

Front 10

How were corporeal and incorporeal properties transferred in ancient times?

Back 10

The manner of transfer was the main distinction of these two classes of property in ancient times. Corporeal (tangible) property was delivered from one to another by actual transfer called livery of seisin, or by a symbolical delivery where land or bulky articles prohibited a convenient transfer. The transfer of incorporeal property had to be done in writing due to the nature of it being intangible, having only a mental existence.

Front 11

What is meant by the ancient term 'tenements'? What is the term commonly used today?

Back 11

Tenements are 'things held', a.k.a. an hereditament, or property (esp. land) held by free-hold; an estate or holding of land. On the death of the owner, it went to his heir. 'Land, tenements, and hereditaments' is the common term used by lawyers today.

Front 12

What is 'livery of seisin', and what is its historical significance?

Back 12

Livery means 'delivery' from the Old French livrer; seisin meaning, roughly, 'possession' from the Old French saisir, or seisir.
Livery of seisin is historically the ceremony by which a grantor conveyed land to a grantee. It involved going on the land and having the grantor symbolically deliver possession to the grantee by handing over a twig, a clod of dirt, or a piece of turf (called livery in deed), all the while verbally intoning words of grant to the grantee.

Front 13

What are terms used to designate corporeal hereditaments of land?

Back 13

Messuage (mes-wij). A dwelling house together with the curtilage, and any outbuildings.

Curtilage (ker-te-lij). The land or yard adjoining a house, usu. within an enclosure. Under the Fourth Amendment, the curtilage is an area usu. protected from warrantless seraches.

Tenement. 1. Property (esp. land) held by freehold; an estate or holding of land. 2. A house or other building used as a residence.

Land. A grant of a parcel of land carries the things on the surface of it, and everything above and below the surface, from the center of the earth to the highest heavens. The extensive meaning of the term 'land' may be limited and controlled by the context.

Premises. Commonly used in law to mean 'what has gone before'. "in consideration of the premises" means in consideration of the facts just stated. This word isn't commonly used to mean property, unless a description has come before its use in the same instrument.

Front 14

What is the difference between 'property' and 'title'?

Back 14

The property a person has in land may be different from his title to it. The property is the present interest in the land regardless of a complete or partial ownership in it. The title shows how he got the land, whether by will, gift, or grant. If one has an entire interest in a piece of property, it's known as a 'fee'. For interest that is less than a fee, one may have some 'estate', such as a life estate. This is the property interest.

Front 15

Define each:
Fee:
Estate:
Title:
Property:

Back 15

A 'fee' is an inheritable or entire interest in a piece of property, which constitutes a maximal legal ownership; a fee simple absolute.

An 'estate' is something less than a fee interest in a property, such as a life estate, or an estate on limitation.

Title shows 'how' one got the land.

Property is the present interest in the land, whether complete or partial ownership in it.

Front 16

A lease of lands or houses for a term of years was and is considered ________ property. The tenant's possession is merely a _________interest in the use of the land.

Back 16

Personal Property.
a Chattel Interest, it doesn't cause the property to go to his heir.

Front 17

'Growing' crops planted by the owner of the soil are ______ ________. Annual crops planted by a tenant are _________ _________. Trees planted by a tenant may be _________ __________.

Back 17

-Real estate.
-Personal property, though they convert to real estate if the tenancy ends.
-Personal property, as when planted for sale in a nursery.

Front 18

A fixture is a __________ which, by physical annexation to the real estate, has itself become real estate.

Back 18

-chattel; ie: buildings resting only on timbers or blocks are considered 'sufficient' annexation, as are fences.

Front 19

Often there is a double interest in cases of mines or quarries--one in the _______, and one in the _________ itself. If the minerals are locality are granted, the grant carries a(n) ________ in the minerals as ________ __________.

Back 19

-ore or mineral product
-soil or ground
-estate
-real estate.

Front 20

One may own a single chamber in a dwelling house, and may protect his rights by an action of _________. If the house or chamber is destroyed, the owner might lose his __________ in the land on which it stood.

Back 20

-ejectment
-interest