ABSTRACT
Real property is essential to most, if not all, agricultural enterprises. Chapter 6 begins by distinguishing real property from personal property. The chapter explains what is included as part of the real property in addition to land. It explains the concept of fixtures and how a lien in a fixture may be preserved. The chapter discusses case law that explains the difference between a fixture and other personal property that entirely loses it character as personal property when incorporated into the land. The elements of ownership of real property are discussed for each such element. Types of ownership, both concurrent and subsequent, are discussed. The implications for ownership that result from the different types of ownership for who receives the property at the death of the current owner in possession are discussed. The concept of a trust and the use of trusts to hold property are discussed. Ways by which real property may be acquired or disposed of are discussed. Recording, deeds, and other evidence of title are explained. Security interest used to secure repayment of loans with real property as collateral are explained. Rights, limitations and taxation of real property are discussed.
