Written by attorneys · grounded in primary & secondary sources — see below
Interests in real property consisting of land together with any structures or fixtures attached to it. Such interests are subject to security devices, transfers by operation of law, and rules governing fixtures and probate administration.
Sources & Authorities
How it applies
Common Examples
6
Mortgage Secures Debt on Land
Lillian Locke borrows funds from Linden Bank to expand her farm. She executes a mortgage pledging her 200-acre parcel and the barn built on it as security. When Lillian defaults, the bank initiates foreclosure proceedings against the parcel to satisfy the debt.
Appraisal of Residential Land
Lucy Liu applies for a loan to purchase a suburban home. An appraiser values the house and the half-acre lot on which it sits. The appraisal report considers only market factors unrelated to protected characteristics under federal law.
Will Devise Resolves Ambiguity
Leonard Lowe's will devises 'the lot next to the old oak tree.' Extrinsic evidence shows he owned only one such lot. The court construes the description to pass that parcel to the named devisee rather than allowing the gift to fail.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Goods Become Fixtures on Land
Lone Peak Energy installs heavy drilling equipment on its leased mineral parcel. The equipment becomes so integrated with the real property that an interest in it now arises under real-property law.
Personal Representative Controls Land
After Leah Lamb dies owning several rural parcels, the personal representative takes possession of the land to pay estate debts and preserve the property for distribution to heirs.
Title Passes Without Deed
Lorenzo Lugo dies intestate owning a mountain cabin. Title to the cabin passes directly to his heirs by operation of law under the state descent statute without any deed from the decedent.
Common questions
Frequently Asked
5
Does landed property include only the soil or also buildings and fixtures?+
Landed property encompasses the land itself together with any structures or fixtures attached to it. Security interests and transfers therefore reach both the soil and the improvements.
Supporting sources
How does a mortgage affect landed property?+
A mortgage creates a security interest in the real property. Upon default the mortgagee may foreclose to satisfy the debt while the mortgagor retains possession and the right of redemption until foreclosure.
Can title to landed property pass without a deed?+
Yes. Title passes by operation of law through intestate succession, adverse possession, foreclosure, tax sale, or devise under a will, although a fiduciary may later execute a deed to perfect record title.
When do goods become part of landed property under the UCC?+
Goods become fixtures when they are so related to particular real property that an interest in them arises under real-property law. A fixture filing may then be required to perfect a security interest.
What role does a personal representative play regarding landed property in probate?+
The personal representative may take possession or control of the decedent's real property when necessary for administration, pay taxes on it, and maintain actions to recover or determine title to it.
438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)Property
…enhances the economic position of the landmark owner in one significant respect. Under New York City’s zoning laws, owners of real property who have not developed their property to the full extent permitted by the applicable zoning laws are allowed to transfer development rights to contiguous parcels on the same city block. See…