2010/02/04

American Real Property Law No.1 Definition of Real Property-Buildings-

By the end of March 2010, I have to submit a report on American Real Property Law to the “Shiho-Shoshi Research Institute” inside Japan Federation of Shiho-Shoshi Lawyer’s Association.
I use this opportunity to pick up what I think is the most interesting.
It starts out as the definition of real property.

The definition of real property, also referred to as real estate, found in American law means property comprised of land and all things affixed to it, therefore buildings attached on the land are also real property as well as Japanese Civil Code (hereinafter “JCC”)(JCC article 86-2).
However, buildings are not independent from the land on which they are built, and are part of land.
It is different from JCC in that buildings are separate real property from land and therefore are independently transferred by sale, gift, inheritance, or are placed mortgages on.


にほんブログ村 英語ブログ 英語の日記へ
にほんブログ村

にほんブログ村 士業ブログ 司法書士へ
にほんブログ村

1 comment:

Unknown said...

The statutory remedy of selling real property under a writ of execution provides a strict but orderly process that a judgment creditor may follow toward satisfaction of the judgment. However, judgment creditors may consider the process to be too complex and the cost prohibitive in light of the nebulous results attendant to the statutory procedure. This article discusses use of a court appointed receiver to sell real property as an alternative to the statutory execution sale, offering a number of distinct advantages to the judgment creditor--and sometimes, even the judgment debtor.If you want to know more about the Property Lawyers then visit the link.