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Real Property: What is it?

Any property that can be physically held or touched falls under the category of “real property”.

The term can sometimes be used interchangeably with real estate, referring to any kind of property that is immovably attached to the land beneath it. Real property can also be used to categorize any section of land that has been legally enhanced, improved, or modified.

Real property and bail bonds

When a person is being held in police custody before their court date, there are times when real property can be used as a form of collateral to make the down payment on a posted bail bond slightly more manageable.

Generally speaking, the forms of real property with enough value to be considered enough for bail bond supplementation will be things such as cars, boats, or homes (from with a small percentage can be taken out of the mortgage by the bondsman).

Usually, it isn’t necessary for the person being held in custody to list their real property at all; however, it’s not uncommon for a bail bond to have a price in the thousands. The value of real properties can oftentimes be a serious lifesaver for those with few other methods to cover the full price to be released.

Occasionally, it can be wise for a person to sign over just a portion of the assets held by their companion held in custody. As a precautionary measure, anyone helping another person post bond should always make sure to clarify whether or not it’s necessary for them list their own real assets on the bond application process.

Real property types and different forms of ownership

Some common forms of immovable real property include things such as machinery, buildings, and roads; though they have a diverse range of different uses, most of these will tend to have natural resources directly beneath the structure.

Different kinds of real properties will come with different terms and conditions for the owner to either transfer or sell them legally. The various elements that will directly affect whether or not these forms of real estate can be freely transferred include the bill of sale, land grant, deed, will, and the lease; based on these elements, real property ownership can be broken down into different classifications.

Life estate

The terms of life estate ownership indicate that person’s legal right to the property online extend as far as the person’s natural lifespan. While owning something under the terms of life estate ownership, a person cannot sell or relinquish ownership of that property to any other person. Any person who owns life estate is referred to as a “life tenant”.


A lienholder is an individual who holds a mechanic’s lien, judgment lien, or any kind of mortgage on a form of real estate. A lienholder is entitled to all ownership interest on real properties involved in said real estate.

Contingent interest

When real properties aren’t passed to any inheritors unless a number of conditions are met in advance, the term applied to this arrangement is “contingent interest”. Only when all conditions have been met will the real properties held under contingent interest be passed on to any other predesignated parties.

Fee simple ownership

Under the terms of fee simple ownership, the rights to real properties held by the owner are absolute. When it comes all different forms of ownership on real property, fee simple ownership is generally the most common of them all. In addition to being the most common form of freehold ownership, the fee simple terms also offer the highest type of ownership interest made available to the real property owner.

A person who has fee simple ownership over property is unrestricted in their right to sell the properties or have them signed over to any other individual parties. Even if a person still has a balance left on the mortgage, they are still fully permitted to sell the real properties or have them left over to beneficiaries.

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