As used in this title, the term “property” means: Realty and personalty which is actually owned; The right of ownership of realty or personalty; and That which is subject to being owned or enjoyed. History. Code 1933, § 85-101. History of Code section. This Code section is derived from the decision in Wayne v. Hartridge, […]
The offspring of all animals follows the ownership of the mother and belongs to the owner of the mother at the time of birth. History. Orig. Code 1863, § 2222; Code 1868, § 2216; Code 1873, § 2242; Code 1882, § 2242; Civil Code 1895, § 3075; Civil Code 1910, § 3651; Code 1933, § […]
Unless otherwise expressly provided, the provisions of this title relating to estates of either real or personal property shall be applicable to both. The rules of construction applicable to estates of personalty shall be the same as those applicable to estates of realty. History. Orig. Code 1863, § 2225; Code 1868, § 2219; Code 1873, […]
One person may have the right of possession of certain property and another person may have the right to the property itself. A union of those rights constitutes a perfect title. History. Orig. Code 1863, § 2321; Code 1868, § 2318; Code 1873, § 2349; Code 1882, § 2349; Civil Code 1895, § 3209; Civil […]
As used in this Code section, the term: “Department” means the Department of Public Safety. “Private property” means any parcel or space of private real property. (a.1) Any person or his or her authorized agent entitled to the possession of any private property shall have the right to remove or cause to be removed from […]
As used in this Code section, the term “abandoned well or hole” means any manmade opening upon the surface of the earth which is ten feet or more in depth and which has not been used for a period of 60 days. The term does not include ditches; sand or gravel pits; stone, marble, or […]
As used in this Code section, the term: “Geodetic control monuments” means those survey monuments which are established by federal, state, local, and private agencies, the position of which monuments on the earth’s surface has been fixed by high-order surveying and computation for use by surveyors and engineers in the extension of geodetic position to […]
No cause of action shall arise against an owner of real property, a real estate broker, or any affiliated licensee of the broker for the failure to disclose in any real estate transaction the fact or suspicion that such property: Is or was occupied by a person who was infected with a virus or any […]
Prior to any purchase, lease, or other acquisition of real property or any interest in real property located within any county which has land zoned for agricultural or silvicultural use or identified on an approved county land use plan as agricultural or silvicultural use, it shall be the buyer’s or grantee’s responsibility to determine whether […]
As used in this title, the term “realty” or “real estate” means: All lands and the buildings thereon; All things permanently attached to land or to the buildings thereon; and Any interest existing in, issuing out of, or dependent upon land or the buildings thereon. The property right of the owner of real estate extends […]
As used in this title, the term “personalty” or “personal estate” means all property which is movable in nature, has inherent value or is representative of value, and is not otherwise defined as realty. Stocks representing shares in a corporation which holds lands or a franchise in or over lands are personalty. History. Orig. Code […]
As used in this title, the term “estate” means the quantity of interest which an owner has in real or personal property. Any estate which can be created in realty may be created in personalty. History. Orig. Code 1863, § 2225; Code 1868, § 2219; Code 1873, § 2245; Code 1882, § 2245; Civil Code […]
As used in this title in referring to property, the term “title” signifies the means whereby a person’s right to property is established. History. Orig. Code 1863, § 2320; Code 1868, § 2317; Code 1873, § 2348; Code 1882, § 2348; Civil Code 1895, § 3208; Civil Code 1910, § 3796; Code 1933, § 85-102. […]
Anything which is intended to remain permanently in its place even if it is not actually attached to the land is a fixture which constitutes a part of the realty and passes with it. Machinery which is not actually attached to the realty but is movable at pleasure is not a part of the realty. […]
Personalty is deemed to be in the possession of a party when that party’s right to the property is accompanied by immediate actual or constructive possession. History. Orig. Code 1863, § 2218; Code 1868, § 2212; Code 1873, § 2238; Code 1882, § 2238; Civil Code 1895, § 3071; Civil Code 1910, § 3647; Code […]
Property rights may exist in all animals, birds, and fish. To constitute property in those which are wild by nature as distinguished from domestic animals, they must be in the actual possession, custody, or control of the party claiming a property interest. Possession, custody, or control of wild animals may be obtained by taming or […]
Anything deposited on realty by wild animals, birds, and fish except wildlife as defined by Code Section 27-1-2 shall belong to the owner of the realty. Honey deposited in a tree by bees shall belong to the owner of the tree even if the bees were hived by another person. The eggs and young of […]
