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14 May
Real estate is a legal term (in some jurisdictions, notably in the USA) that encompasses land along with anything permanently affixed to the land, such as buildings, specifically property that is stationary, or fixed in location.[1] Real estate is often considered synonymous with real property (also sometimes called realty), in contrast with personal property (also sometimes called chattel or personalty). However, in some situations the term “real estate” refers to the land and fixtures together, as distinguished from “real property,” referring to ownership rights of the land itself.
The terms real estate and real property are used primarily in common law, while civil law jurisdictions refer instead to immovable property.
In law, the word real means relating to a thing (res/rei, thing, from O.Fr. reel, from L.L. realis “actual,” from Latin. res, “matter, thing”[2]), as distinguished from a person. Thus the law broadly distinguishes between “real” property (land and anything affixed to it) and “personal” property (everything else, e.g., clothing, furniture, money). The conceptual difference was between immovable property, which would transfer title along with the land, and movable property, which a person would retain title to. The oldest use of the term “Real Estate” that has been preserved in historical records was in 1666 .[2]
The use of “real” to refer to land also reflects the ancient preference for land, and the ownership thereof (and the owners thereof). This, in turn reflects the values of the medieval feudal system, which is the ultimate root of the common law.
It has been argued that the word Real is derived from “royal” (The word royal—and its Spanish cognate real—come from the related Latin word rex-regis, meaning king. For hundreds of years the Royal family / King owned the land, and the peasants paid rent or property taxes to be on the Royal’s land. The word “Real” in Spanish is “Royal”. Similar to El Camino Real, or Royal street. Today, just like hundreds of years in the past, we pay property taxes, or rent to be on the government’s land or the Royal Estate). However, the “real” in “real property” is derived from the Latin for “thing”[3].
In British usage, “real property”, often shortened to just “property”, generally refers to land and fixtures as such while the term “real estate” is used mostly in the context of probate law, and means all interests in land held by a deceased person at death excluding interests in money arising under a trust for sale of or charged on land.[4]
See Real property for a definition and Estate agent for a description of the practice in the UK.
In French, Italian, Portuguese, Romanian, Spanish and German, real estate is called “immovables” (French: immobilier, Italian: immobiliare, Spanish: inmueble Portuguese: imóvel, Romanian: imobiliare and German: Immobilie); other property is called “movables” (French: mobilier, Spanish: mueble, and German: Bewegliche Sachen).
The real estate business in Mexico and Central America is different from the way that it is conducted in the United States.
Some similarities include a variety of legal formalities (with professionals such as real estate agents generally employed to assist the buyer); taxes need to be paid (but typically less than those in U.S.); legal paperwork will ensure title; and a neutral party such as a title company will handle documentation and monies in order to smoothly make the exchange between the parties. Increasingly, U.S. title companies are doing work for U.S. buyers in Mexico and Central America.
Prices are often much cheaper than most areas of the U.S., but in many locations prices of houses and lots are as expensive as the U.S., one example being Mexico City. U.S. banks have begun to give home loans for properties in Mexico, but, so far, not for other Latin American countries.
One important difference from the United States is that each country has rules regarding where foreigners can buy. For example, in Mexico, foreigners cannot buy land or homes within 50km of the coast or 100km from a border, while, in Honduras, they may buy beach front property. There are also different special rules regarding certain types of property: ejidos—communally held farm property—cannot be sold to anyone, but that does not prevent them from being offered for sale.
Many websites advertising and selling Mexican and Central American real estate exist, but they may need to be researched.
In Costa Rica, real estate agents do not need a license to operate, but the transfer of property requires a lawyer.
With the development of private property ownership, real estate has become a major area of business. Purchasing real estate requires a significant investment, and each parcel of land has unique characteristics, so the real estate industry has evolved into several distinct fields. Specialists are often called on to valuate real estate and facilitate transactions. Some kinds of real estate businesses include:
Within each field, a business may specialize in a particular type of real estate, such as residential, commercial, or industrial property. In addition, almost all construction business effectively has a connection to real estate.
“Internet Real Estate” is a term coined by the internet investment community relating to ownership of domain names and the similarities between high quality internet domain names and real-world, prime real estate.
The legal arrangement for the right to occupy a dwelling is known as the housing tenure. Types of housing tenure include owner occupancy, Tenancy, housing cooperative, condominiums (individually parceled properties in a single building), public housing, and squatting. Variants include timeshares and cohousing.
Residences can be classified by if and how they are connected to neighboring residences and land. Different types of housing tenure can be used for the same physical type. For example, connected residents might be owned by a single entity and leased out, or owned separately with an agreement covering the relationship between units and common areas and concerns.
Major physical categories in North America and Europe include:
The size of an apartment or house can be described in square feet or meters. In the United States this includes the area of “living space”, excluding the garage and other non-living spaces. The “square meters” figure of a house in Europe reports the area of the walls enclosing the home, and thus includes any attached garage and non-living spaces.
It can also be described more roughly by the number of rooms. A studio apartment has a single bedroom with no living room (possibly a separate kitchen). A one-bedroom apartment has a living or dining room, separate from the bedroom. Two bedroom, three bedroom, and larger units are also common. (A bedroom is defined as a room with a closet for clothes storage.)
See List of house types for a complete listing of housing types and layouts, real estate trends for shifts in the market and house or home for more general information.
14 May
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