Lewes Beach has a leased land that is not owned by the owners. Lewes Beach lies within the Town’s ownership. Leasing land is also included in the lands of Rehoboth Beach, Dewey Beach, and Rehoboth By The Sea. The majority of these leases will not renew, but will be returned the owners. In addition, the home owners on the land will have to remove their homes. Some of the land in Riverdale is on Indian River Bay, near Oak Orchard. Chief Clark of Nanticoke Is is the owner and occupant of Riverdale.
Sussex County’s half-million residents live on leased lands. The majority of that land is in what are called mobile home parks. However, those communities rarely have mobile homes and sometimes there are two-story sticks built homes. You may also find condominiums and townhouses located on leased property. This is all confusing to some.
Realtors and Attorneys use terms such as fee simple to describe land being sold. We used the term leased or leasehold interests to describe land not being transferred as real property.
This is a lengthy text about Leased Land and Real Estate.
Real Estate terminology is very important. real estate.
Black’s Law Dictionary (derived from English Law) is the best source of legal definitions under American Law.
PROPERTY refers to a collection of rights that have been guaranteed or protected by the government. BL6, page 1216.
PERSONAL – Personal property, chattels, movable property and personal property. Property not attached to realty. BL6, at 1144
PROPERTY: Personal property – All that is owned, and not included in the classification of real estate. A right or an interest that is not less than a realty freehold or any interest one may have in things mobile. BL6, at 1217
The personal property is therefore anything that can easily be removed from real-estate and is not real-estate. Personal property includes crops. Trees, shrubs. trailers. sheds. cars. mobile homes. manufactured homes. Personal property refers to drapes (not installed carpeting), lighting fixtures, rugs, free-standing cabinets, cupboards, furniture and all contents of closets. Chattel property includes buildings that do not have a foundation. These are sheds that are simply supported by blocks. They are personal property and are not part the real estate. Dog houses and smaller storage buildings are examples of such chattel.
LANDS = In the most broad sense, any ground, earth, or soil that exists… Black’s Law Dictionary 6th Ed. (BL6). P.877
PRIVATE PERSONAL PROPERTY: Protected from being taken for public use, property that only an individual owns and has sole rights to disposition. Property of a certain, fixed and tangible nature, that is capable of being owned and transferred to another. BL6, page 1217. Private property includes land and chattels. Private property is prohibited from being used for public purposes. Private property can only be done by visit the page.
REAL ESTATE synonymous to real property” and P.1218 REALPROPERTY… General term for lands (tenements), hereditaments or other things that are hereditary; which, on the death the owner intestate, passes onto his heir.” BL6, at p1263
ESTATE refers to the degree, amount, nature, extent, and type of interest that a person has in real and personal property. An ESTATE includes lands, tenements, as well as hereditaments. It is the amount of interest that the tenant holds in these properties. BL6, 547. All of the following definitions apply to real estate. Real estate is real property. Estate = lands, land, tenements. Hereditaments. At first glance, one might believe that’realty’ is the right name for ‘all lands. It doesn’t clearly define the type of ownership, as does the definition of estate. The Robert Tunnel family had thousands of leased acres in Angola, Pots Nets, Long Neck, which were all owned by several thousand people. This was an extreme example.
IN OUR AREA THERE ARE NUMEROUS LEASED LAND PROPERTIES AND THOSE PROPERTIES ARE THE REAL ESTATE OF THE OWNER OF THE LAND – NOT THE OWNER OF THE HOME WHICH IS UPON THAT LAND. It refers to an interest that is included in the same articles in real property as real estate.
What is this LAND? WHO and HOW do they own it? Land can either be private or real estate. real estate. An interest in real property is called estate. A person owns all private property.
INTEREST is more specific. It means the right to receive the benefit from anything, which includes any right in the property’s nature that is less than the title. BL6, page 812. This definition shows that INTEREST cannot be TITLE because it is less than Title. While interest may be a legal right to land, it does not grant absolute ownership. People who live on leased property have only an ownership interest in the land. It is a leasehold interest. Is it possible to define property as land that is absolute in ownership, like private property? This topic is worth further investigation.
ABSOLUTETITLE (as applied to title to land), an exclusive title or a title that excludes all titles not compatible. Absolute land title cannot be in multiple places or at different times. BL6, page 1485
PRIVATE PERSONAL PROPERTY -… is any property that is solely owned by an individual and to which he has exclusive rights of disposition. BL6, page 1217
OWN – To be entitled to a legal title; to have title to property; to have legal or rightful title; to have; and to possess. BL6, page 1105. To “own,” is to possess title. An interest is LESS than a title.
ESTATE refers to the degree, quantity, nature, extent, and amount of interest that a person has in both personal and real property. An estate that includes lands, tenements, hereditaments, is one with the tenant. – BL6, at 547. These definitions indicate that we can’t own real estate in its entirety. Only qualified ownership, qualified and described ownership of Real Estate can be allowed. This is why we need the Deed Description to properly describe and qualify it. Other government rights, decrees and laws from antiquity include rights against trespass, taxation, zoning, rights of way, and other qualifications. These entailments include taxation, planning, rights-of-way, and many others. A title search is required to locate those entailments.
Therefore, the rights and privileges associated with ownership and interest are not as different as one would think. I am not against people who lease land as an alternative to owning the land. They pay far less than it would be to own the same property. They rarely appreciate the land, and the landlord often gets an appreciation in value. However, residents can enjoy the lifestyle at less cost per year or month.
However, an interest in leased property is not transferable automatically and is NOT Real Estate. Furthermore, the chattel on it is personal and does not have a title. According to law, realtors are not permitted to be involved with the sale of such. We are supposed only to be selling property. It starts to get cloudy and foggy. This is why companies and individuals who sell mobile houses on leased land aren’t licensed as realtors. It is true that, even though it isn’t something anyone will ever discuss, Realtors are not allowed sell mobile homes on lease land. We don’t need to enter into this battle any more than we did by simply describing it.
OWNERSHIP means the full dominion and title of any property, as well as all rights in it. You can either be an absolute owner of property or a qualified one. Property is considered absolute if one person owns it and has the right to use it or dispose thereof as he chooses. However, this only applies to general laws. You can qualify for ownership if you share it with other people, if enjoyment is delayed or limited, or if the use is restricted. BL6, p. 106. This is common for husband and spouse, partners and families, corporations, etc.
DOMINION: The generally accepted definition of “dominion,” is absolute control in right of owner. The word can refer to title or possession. However, it appears that the term requires complete control over disposition. If it is Real Estate, I think you agree that restrictions such as zoning or building codes, home owner association covenants, condominium documents (of use) and business licensing can be placed on land. Property taxes are a matter of course. If you fail to pay them, your property could be taken away. However, this isn’t absolute ownership. Private property is ABSOLUTE OWNERSHIP. It does not include qualified interest.
PROPERTY (tangible). Property that is physically tangible. It can also be personal property. — BL6, at 1218. It is necessary to have a good attorney and be well versed in realty law in order to fully comprehend the complex rules, rights, liabilities, as well as privileges associated with realty ownership. I have been in the business of buying and selling realty for 30 years. I also help others with this process. I have taught courses about real estate and real property law. I wouldn’t think of purchasing a property or purchasing property on leased property without the paid professional assistance of an attorney who is a skilled real estate specialist in that exact county. You cannot use other attorneys from different areas.