Text 6806, 118 rader
Skriven 2005-08-28 14:54:34 av Gary Britt (1:379/45)
   Kommentar till text 6794 av Geo (1:379/45)
Ärende: Re: Microsoft likes SPAM
================================
From: "Gary Britt" <zotu@nospamforme.com>

BTW, IP is intellectual property and not imaginary property, but I kind of like
your "imaginary property".

Anything that exists in the physical world is tangible property.  Tangible
property is the object class and is a sub-part of the "All Property of any kind
whatsoever class".  Tangible property object is further divided into 2
sub-groups (not sure if these sub-groups are objects or methods <g>). Anyway
the 2 sub-groups of the object class tangible property are "Real Property" and
"Personal Property".  Personal property is a label/method/function that is
defined as everything that isn't Real Property.  The All Property Object class
includes Tangible Property and Intangible Property.  Personal Property is
literally anything that isn't real property so personal property can be used to
label things that are Tangible and other things that are Intangible, because
anything that isn't real property is personal property of some kind.

Real Property is LAND and anything permanently (more or less, but not a rigid
scientific formulation) attached to the LAND.

Dirt in a bucket is personal property.  Pour the dirt into a hole on your land
and it becomes part of the real property that is your land.

Diamond's in your hand are personal property.  Diamond's buried in the ground
as part of their natural state are part of the real property that is the land. 
Diamonds placed in a treasure box and buried in the ground may still be
personal property.

Oil in the ground, real property.  Pump it out into a barrel and it becomes
personal property.  Houses, not on wheels, are considered permanently attached
to the land so they are part of the land and land is real property by
definition.  This is true even though its physically possible to jack up a
house and move it to another location.  Trailers are personal property. Take
the wheels off and cement a trailer to the land, if firmly attached enough,
becomes part of the land and therefore becomes real property and a huge eyesore
<g>.

To go deeper into the functions and methods of the real property object class. 
Real property is more than just the dirt.  Its really a bundle of rights that
the owner of the real property has control over.  That bundle of rights
includes, the mineral rights to the stuff in the ground under their land; the
air rights over the land; The right to be present upon the land; The right to
build something or place things upon the land;  The right to derive income from
the use of the land; The right to lease, sell, sub-divide, etc. the land.  The
right to exclude others from presence upon the land.  There are probably other
rights.  These rights don't have to be dealt with only as a complete bundle. 
You can transfer just some of these rights or some parts of some of these
rights.  Leasing the land to a tenant only transfers the right to occupy the
land to the exclusion of others.  You can sell just the mineral rights and keep
the right to occupy the land to the exclusion of others.  You can transfer the
land subject to use restrictions or for an undefined term of years, like the
life of someone. That transfer can include but doesn't have to include the
mineral rights or rights to income from the land.

This bundle of rights that are part of the real property object class include
"future interests".  Future interests are some portion or all of the bundle of
rights that are part of the real property class.  Future interests don't exist
now, but spring into existence upon the happening of some event or condition in
the future.  A deed that says something like "I give to aunt Sally ranch x for
the rest of her life, and then to my son Billy".   Aunt
Sally has the right to occupy and use the land for the rest of her life. She
could sell that right for money.  Once sally dies Billy is the owner of the
land.  Billy has a future interest in the land.  He isn't the owner today, but
he will become the owner when Sally dies.  If Sally never dies, Billy never
becomes the owner.  Sally can't transfer or cut off Billy's future right to
become the owner upon her death.  There are other kinds of future interests.

Gary





"Geo" <georger@nls.net> wrote in message news:4311f109$1@w3.nls.net...
> How do the concepts of real vs tangible property differ in the legal
world?
> Is a diamond real or tangible property?
>
> Geo.
>
> "Gary Britt" <zotu@nospamforme.com> wrote in message
> news:4311e73c$1@w3.nls.net...
> > The correct term for what you describe is "Tangible" property as opposed
> to
> > intangible property.  All tangible property really exists in the world
of
> > real things, but not all tangible property is real property.  <g>
> >
> > Gary
> >
> > "Geo" <georger@nls.net> wrote in message news:4311bf08@w3.nls.net...
> > > Only to a lawyer, to me Real Property is the opposite of Imaginary
> > Property
> > > (IP).
> > >
> > > Geo.
> > >
> > > "Ellen K." <72322.1016@compuserve.com> wrote in message
> > > news:r7t2h1l7mltcoo7918i0kt3iu7d6mntd3h@4ax.com...
> > > > "real property" means there is land involved.  If there is no land
> > > > involved it is "personal property".
> > > >
> > > > On Wed, 24 Aug 2005 20:24:38 -0400, "Geo" <georger@nls.net> wrote in
> > > > message <430d101c$2@w3.nls.net>:
> > > >
> > > > >Seems to me the computer sitting in my living room is real
property.
> > > > >
> > > > >Geo.
> > >
> > >
> >
> >
>
>

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