Delaware, and the rest of the original British colonies, have some land that is leased rather than owned by the residents of that land. Much of this is not obvious to the casual observer.
The land in Lewes Beach is leased, not owned by the home owners. The Lewes Beach land is owned by the Town of Lewes. The Rehoboth by the Sea and Dewey Beach lands also include leased land. Most of the leases on that land will NOT be renewed but will be returned to the owners and the houses sitting on top of that land will be removed by the owners at their expense. Much of the land in Riverdale, on Indian River Bay, adjacent to Oak Orchard is also rented. In Riverdale, the leased land is owned by Chief Clark of the Nanticoke Indians.
About half the people in Sussex County live on leased land; most of that leased land is in what people call parks or mobile home communities. However, there are rarely truly mobile homes in those communities and there are even two-story stick-built houses on some of the leased land in those communities. Condominiums and townhomes are also sometimes found on leased land. Some people find all this quite difficult to understand.
We real estate agents and attorneys use the term simple fee to describe land that is being sold as real estate; that’s real estate. We use the term leased land or rental interest to describe land that is not transferred as real estate.
This rather long text deals with leasehold land, real property, private property, personal property, mobile homes, rental land housing, and a legal dissertation to define, describe, and determine the differences.
Terminology is important when talking about Real Estate, that is, immovable property.
Black’s Law Dictionary is the definitive and recognized source of legal definitions under our American law; which derives from English law
PROPERTY: In the strict legal sense, a set of rights guaranteed and protected by the government. BL6, p. 1216.
PERSONALITY: Personal property; movable property; movable property; property that is not attached to a building. BL6, p. 1144
PROPERTY: (movable property) – In a broad and general sense, everything that is owned, not entering under the name of real estate. A right or interest less than a freehold in real property, or any right or interest one has in personal property. BL6, p. 1217
Therefore, movable property is that which can be easily subtracted from the property, and is not property. Personal property includes crops, trees, shrubs, trailers, sheds, automobiles, mobile homes, manufactured homes that have a Department of Motor Vehicles title in lieu of a deed, and the contents of a home or building. In a home or business, personal property includes draperies, light fixtures, carpeting (not installed carpeting), cabinets and freestanding cupboards, furniture, and all contents of closets, drawers, and buildings. Buildings without foundations, that is, sheds that are only supported by blocks, are personal property, that is, they are personal property and not part of real property. Such chattels include dog houses and particularly the small storage buildings that are so common outside homes today.
LANDS: In the most general sense, it includes any piece of land, soil, or land that is… Black’s Law Dictionary 6th Ed. (BL6), p.877
PRIVATE PROPERTY: As protected from being taken for public uses, it is that property that belongs absolutely to an individual, and of which he has the exclusive right of disposal. Assets of a determined, fixed and tangible nature, capable of being owned and transferred to another, such as houses, land and furniture. BL6, p. 1217. Private property is land, houses and furniture. Private property is protected from being taken for public uses. Private property is freehold property.
REAL ESTATE is synonymous with immovable property” and p.1218 REAL ESTATE… General term for land, possessions, inheritances (those things that are hereditary); which, upon the death of the intestate owner, passes to his heir”. BL6, p1263
HERITAGE: The degree, quantity, nature and degree of interest that a person has in REAL ESTATE and MOVABLE assets. A SUCCESSION in land, properties and inheritance means the interest that the lessee has in them. BL6, p.547 All definitions here refer to: real estate = real property = patrimony = land, dwellings, and inheritance. At first, one might think that ‘real estate’ is the proper term for ‘all land’. But it does not establish the form of ownership as clearly as the definition of patrimony. We just had a great example of this when the thousands of leased plots of land under the homes of several thousand people, in the Angola, Pots Nets and Long Neck areas, owned by the Robert Tunnel family, were inherited by the children .
THERE ARE NUMEROUS RENTAL PROPERTIES IN OUR AREA AND THOSE PROPERTIES ARE REAL PROPERTY OF THE OWNER OF THE LAND, NOT THE OWNER OF THE HOUSE ON THAT LOT. If you examine the definition of STATE, it refers to an interest in the same items defined in real property and real property.
What is this EARTH and WHO owns it and HOW is it owned? Land can be private property OR real estate, that is, real estate. Equity is an interest in “real property” by a person or a tenant. Private property is the absolute property of an individual.
INTEREST: More particularly, it means a right to have the advantage of increasing anything; any rights in the nature of the property, but less than the title. – BL6, p.812. By this definition it is clear that the INTEREST cannot be TITLE, since it is smaller than the title. The interest may be a property right in the land, but it is not a right to the freehold of the land. Those who live on leased land therefore only have an interest in the land; and that interest is a leasehold interest. Is there a definition of property that says that it is land in freehold, the same as the definition of private property? We can go deeper into this.
ABSOLUTE TITLE – As applied to title to land, an exclusive title, or at least a title that excludes all others that are not compatible with it. An absolute title to land cannot exist at the same time in different persons or in different governments. BL6, p.1485
PRIVATE PROPERTY – … is that property that belongs absolutely to an individual, and of which he has the exclusive right of disposal. BL6, p.1217
OWN – Have good legal title; have as property; have a legal or legitimate title to; have; possess. BL6, p. 1105. To possess is to have title. An interest is LESS THAN THE TITLE.
HERITAGE: The degree, quantity, nature and degree of interest that a person has in movable and immovable property. A property of lands, properties and inheritances means the interest that the lessee has in them. – – BL6, p.547 From these definitions, it is clear that we cannot absolutely “own” real estate. We can only have a qualified property of qualified and described property of Real Estate. Therefore, we need that Description of Scripture to describe and qualify it. That property is also qualified by various government rights, decrees and laws, since ancient times, such as rights against trespassing. That property is qualified by taxes, zoning, rights-of-way, and a myriad of other ties. We therefore need a title search to determine those links, some of which are invisible.
Therefore, there is NOT as much of a difference in the rights and privileges of property and interest as one is led to believe. I have no problem with those living on leased land instead of owning the land. They typically pay much less than it would cost to own the same property. However, they often do not appreciate the land; the landlord gets the appreciation in real value, while the resident can appreciate the lifestyle for less cost per month or year.
However, since an interest in a leased piece of land is not automatically transferable and is NOT Real Property and since the personal property is on it, the mobile home is personal property, without deed, but rather has a title: by law, real estate agents are not supposed to be involved. in selling such – but we are. We are only supposed to sell real estate. It gets all cloudy and foggy, doesn’t it? That’s why there are people and businesses that sell mobile homes on leased land who aren’t real estate agents and don’t need to be. In fact, though no one will dispute it, real estate agents are not supposed to sell mobile homes on leased land. We don’t need to get involved in that battle any more than I’ve just described.
PROPERTY: Full domain, title or property, including the right to a thing or claim… Ownership of the property is absolute or qualified. Ownership of property is absolute when a single person has dominion over it, and can use or dispose of it as he pleases, subject only to general laws. The property is qualified when it is shared with one or more people, when the time of enjoyment is deferred or limited, or when the use is restricted. – BL6, p. 1106 This sharing is common between husband and wife, partners, families and corporations, etc.
OWNERSHIP – The generally accepted definition of “ownership” is the perfect control of the property right. The word implies both title and possession and seems to require complete retention of control over the disposition. – – -BL6, p. 486 I think you would agree that zoning, building codes, homeowners association agreements, condominium use documents, and business licenses are a restriction on the use of land (if it is Real Estate). Estate). And obviously there is the fact that failure to pay property taxes on real estate will result in the loss of said property. That is definitely not outright ownership. But private property is defined as ABSOLUTE OWNERSHIP, not qualified (interest).
PROPERTY (tangible) – All property that is touchable and has real (physical) existence either real or personal. – – BL6, p. 1218 In short, it takes a good attorney, and one well-versed and experienced in real estate to understand the complex definitions, rights, responsibilities, and privileges of real estate ownership. I have been buying and selling real estate for myself and helping others buy and sell real estate for thirty years. I have taught courses on real estate law and real estate law. And, I would NOT consider buying a property or buying property on leased land without the professional assistance and pay of a real estate attorney in the exact county in which the property is located. Other attorneys from other areas are not valid options at all.
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