Lewes Beach’s land is leased and not owned by its home owners. The Town of Lewes owns the land at Lewes Beach. Leased land is also available on the lands of Rehoboth Beach by the Sea, and Dewey Beach. The majority of leases on this land will not be renewed, but the owners will receive them back. Additionally, the homes that are on top of it will be taken by the homeowners at their expense. Many of the land on Indian River Bay in Riverdale, which is adjacent to Oak Orchard, is also leased. Chief Clark of Nanticoke Indians owns the leased land in Riverdale.
About half of Sussex County’s residents live on leased land. Most of this land is located in mobile home parks and communities. There are few mobile homes in these communities, and some of those leased land lots have two-story homes. Sometimes, leased land is also used for condominiums or town houses. This can be confusing for some people.
Realtors and Attorneys use fee simple to refer to land being sold as real estate. To describe land that isn’t being transferred as real estate, we used the term leasehold interest or leased land.
This lengthy text is about Leased Land, Real Estate and Chattels. It also includes a legal dissertation that explains, describes, and defines the differences.
Real Estate terminology is crucial when discussing it. real property.
Black’s Law Dictionary, which is derived form English Law, is the most trusted source of legal definitions.
PROPERTY: A collection of rights that are guaranteed and protected under the law. BL6, p. 1216.
PERSONAL: Property that isn’t attached to real property. BL6, p. 1144
PROPERTY (personal property): In a broad and general sense, all that is subject to ownership. It does not fall under the category of real estate. Any right or interest that is less than a freehold of realty or any right or interests in things movable. BL6, p. 1217
Personal property is anything that can be removed from real estate and is not considered real estate. Personal property can include crops, trees, shrubs and trailers, sheds as well as cars, mobile homes, manufactured houses that have a Department of Motor Vehicle title rather than a deed. It also includes the contents of a house or building. Personal property can include drapes, lighting fixtures and rugs (not carpeting), free-standing cabinets and cupboards as well as furniture and the contents of buildings, drawers, closets, and other storage areas. Chattel property is any building that does not have a foundation. This means sheds that are only supported by blocks. It is personal property and is not part of real estate. This chattel includes dog houses, and especially the small storage buildings that are common outside of homes today.
LANDS: This term, in its most general sense, refers to any ground, soil, or earth… Black’s Law Dictionary 6th Ed. (BL6), p.877
PRIVATE PROPERTY is property that belongs exclusively to an individual and can only be used for private purposes. Property of a particular, tangible and fixed nature that can be in one’s possession or transmitted to another. This includes chattels, houses, lands and lands. BL6, p. 1217. Private property includes land, chattels, and houses. Private property cannot be taken for public purposes. Absolute ownership is granted to private property.
Real estate is synonymous with real property.” and p.1218 REAL Property… This general term refers to lands, tenements, and hereditaments, which, upon the death of an owner, pass on to his heir. BL6, p1263
ESTATE: A person’s interest in real and personal property. An ESTATE in land, tenements and hereditaments is a tenant’s interest in such property. BL6, p.547 These definitions refer to real estate = real property = land, tenements. One might initially think that “real property” is the correct term for “all lands”. It doesn’t specify the ownership type as clearly as estate. This was evident in a large instance that occurred when thousands of leased lots were placed under the homes and offices of several thousand people. The Robert Tunnel family owned the Long Neck area, Angola, Pots Nets and Angola areas.
IN OUR AREA THERE ARE NUMEROUS LEASED LAND PROPERTIES AND THOSE PROPERTIES ARE THE REAL ESTATE OF THE OWNER OF THE LAND – NOT THE OWNER OF THE HOME WHICH IS UPON THAT LAND. If you look at the definition of ESTATE, it refers to an ownership interest in the same articles as real property or real estate.
What is this LAND? Who owns it? How is it owned? Land can be either private property or estate. real estate. An interest in “real estate” is owned by either a person or a tenant. An individual is the sole owner of private property.
INTEREST: This is a right to accrue from any property. However, it does not include title. BL6, p.812. This definition clearly shows that INTEREST is not a title, as it is less than title. While interest may be a right to land property, it is not an absolute right to ownership. Living on leased land means that you only have an interest in it. This is called a lease-hold interest. Does there exist a definition for property that states land is in absolute ownership? This is something we can explore more.
ABSOLUTE TITLE- A title that is exclusive or excludes all other titles not compatible with it. Absolute title to land can’t exist simultaneously in different people or governments. BL6, p.1485
PRIVATE PROPERTY is a property that belongs only to one person and has no other rights. BL6, p.1217
OWN – To own a good title or property; to be able to claim it as yours; to have the right to use it; to own it. BL6, p. 1105. To “own” means to have title. A TITLE IS LESS THAN AN INTEREST.
ESTATE: A person’s interest in personal and real property. A tenant’s interest in land, tenements and hereditaments is called an estate. These definitions make it clear that real estate cannot be “owned” in absolute terms. Only qualified ownership can be granted to qualified and described Real Estate. To describe and qualify the property, we will need the Deed Description. This ownership is also protected by various government rights, laws, and decrees, dating back to antiquity such as the rights against trespass. This ownership is also qualified by taxation and zoning as well as rights of way and many other entailments. To determine these entailments, which may be invisible, we need a title search.
There is not as much difference between ownership and interest rights as people are led to believe. I don’t mind people living on leased land rather than owning it. They often pay far less than what it would cost to buy the same property. They don’t get much appreciation for the land. The landlord receives the real appreciation, but the resident enjoys the lifestyle at a lower cost each month or year.
A lease interest is not transferable, and it is NOT Real Estate. The chattel property on the mobile home is personal. Realtors are not allowed to sell such property. We should only be selling real estate. It can get all foggy and cloudy, doesn’t? This is why you can find people and companies that sell mobile homes on leased property. They aren’t realtors, but they don’t have to be. Although it is not something that will be discussed, realtors are not allowed to sell mobile homes on leased property. It’s not necessary to get into that fight any more than I did by describing it.
OWNERSHIP: A complete dominion or title or proprietary, which includes the right in a thing… The absolute or qualified ownership of property can be either. Absolute ownership refers to a single individual who has complete control over the property and can use or dispose of it as he pleases, subject to certain laws. If the enjoyment of the property is delayed or restricted, it is considered qualified. This sharing is common among husband and wife, spouses, partners, families, corporations, and others.
DOMINION – The most common definition of “dominion”, is complete control over the right to ownership. This word can be used to refer to both title and possession, and it seems that it requires a total retention of control over disposition. – – -BL6, page 486 I believe you would agree that dale mundi real estate and building codes, covenants of home owners associations, condominium documents, and business licensing are all restrictions on land use (if it is Real Estate). There is also the obvious fact that failing to pay real estate property taxes will cause property loss. This is not absolute ownership. Private property, however, is not considered absolute ownership.
PROPERTY (tangible). – Any property that can be touched and has real existence (physical), regardless of whether it’s real or personal. – – Bl6, p. 1218. To fully understand the complicated definitions, rights and liabilities of real estate ownership, one needs a competent attorney and one who is well-versed in real estate. Since 1983, I have been selling and buying real estate myself. I also assist others in buying and selling real property. I have taught real estate law and courses in real estate. I wouldn’t consider buying a property or leasing property without professional and paid advice from a licensed real estate attorney in the county where the property is located. Alternative attorneys are not acceptable.