Realties, Properties, Estaties, Premises

Question

What're the differences between Realties, Properties, Estates, and Premises?Thanks.Armstrong

Mr Wordy · Accepted Answer

Have you tried looking up these words in a dictionary?

Having read the dictionary definitions, are you still confused about anything?

Armsys · Answer

They seem to me to be the same in terms of the meaning. Are there any nuances amongst them?

Mr Wordy · Answer

I don't know what dictionary you're using, but I just looked these up in the Compact Oxford English Dictionary (http://www.askoxford.com/dictionaries ), and the explanations seem clear enough to me. If I tried to write definitions then I'd essentially just be repeating that, and probably not doing it so well. Try reading through the definitions there, and if there's anything you still don't understand about the differences between "estate", "premises" and "property" then I'd be happy to try to help. "Realty" is an American English word that is rarely if ever used in the UK, where I'm from. I'm afraid I can't help you with any uncertainties you have regarding the usage of that one, but I'm sure others here will be able to.

Armsys · Answer

I'm quite surprised that "realty" is rarely used in the UK.

Forbes · Answer

In English legal terms:

"Realty" (actually used in English legal language, but perhaps not so common as "real property") is essentially land and interests in land, but does not include tenancies, which are personal property - see below.

"Property" means anything that is owned. It is divided into real property and personal property. The terms attached to them derive from the actions associated with them. When it came to land you had a claim for the return of the land - the action was in rem; for everything else there was no right to claim the thing, only its value - the action was in personam. When these actions were first instituted a tenancy was not considered land and so not treated as real property; it is still not treated as such in theory although these days you can sue for the return of possession. Personal property is divided into "chattels real" and "chattels pure". Chattels real are tenancies, the word "real" acknowledging that they are an interest in land. Chattels pure are divided into "choses (or things) in being" and "choses (or things) in action" the former being essentialy tangible property and the latter intangible property. "Property" is of course also used, somewhat loosely, to mean land.

"Estate" has a technical meaning in land law that is not easy to explain briefly, or indeed at length. Essentially it is the length of time you hold land. (In this respect it should be noted that under English law no one strictly owns land except the Crown; all you can own is an estate in land.) The term can also mean a large area of land such as a housing development or which belongs to one person. Finally, it can mean the sum of all the property that a person owns.

"Premises" meant (and still means though the term is not often used these days) the explanatory statements set out in a deed. It then came to mean the property transferred by the deed. In non-legal language it means a building and the land immediately surrounding it.

Armsys · Answer

Hi Forbes,
Many thanks for your meticulous clarification of the nuances between these terms.
That's exactly what I earnestly need for the undigested, personalized view of these terms.
I thought it was plainly obvious when members posting here have already exerted their utmost bona fide diligence to look up dictionaries.

BTW, Forbes, could you kindly guide me to some URLs whereby I could learn more about the functional concept and legal procedure of the English Law.
BTW, what are the differences between the laws practiced in the United States and United Kindom?

Armstrong

Forbes · Answer

Your best bet really is to get hold of a book!

Wikipedia is always a good starting point for any online research http://en.wikipedia.org/wiki/Law_of_England

With the notable exception of Louisuanna, the system of law in the US is derived from the English common law. Each state has its own laws and there is also federal law that applies to the whole country. http://en.wikipedia.org/wiki/Us_law

Realties, Properties, Estaties, Premises

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