Did Ya Know

Land vs. Real Estate

January 10, 2017

The terms “land” and “real estate” are often used interchangeably but they are not quite the same. Land is the ground composing the crust of the exposed surface of the earth and, of course, is real property. (bet you did not think we would be discussing the earth’s crust today, but here we are) The term “real estate” includes more than just the land, it also includes things that are embedded in or attached to land which are intended to be real property, such as trees and buildings. Notice the word intended, whether a tree or a building is part of the real estate depends on the intent of the owner. Although a building or a tree is normally considered part of the real estate it is possible for the owner to declare them personal property with the intent that they be moved. However, in the absence of proper notice of that intent, the law presumes that trees and buildings are part of the real estate.  So, to recap, the land is just the land and real estate is the land + intended embedded attachments.