Paralegal Certification PrepTorts and Property LawMedium
A paralegal is assisting with a case involving a dispute over a fence line. The client claims that their neighbor has encroached upon their property by moving the fence several feet onto the client's land. The paralegal needs to understand the legal concept governing the ownership rights associated with this type of immovable asset. Which of the following best describes the subject matter of this dispute?
- AReal Property
- BPersonal Property
- CIntellectual Property
- DTangible Chattels
Show answer & explanationAnswer & explanation
Correct answer: A. Real Property
The dispute centers on land and fixtures attached to it (a fence), which are classic examples of real property. Personal property is movable, intellectual property is intangible creations, and tangible chattels are a type of personal property.
Why the other options are wrong
- B. Personal property refers to movable items, not land or things permanently attached to it.
- C. Intellectual property relates to creations of the mind, such as patents or copyrights.
- D. Tangible chattels are physical personal property, which is movable.
Real Property
Land and anything permanently affixed to it, including structures, trees, and minerals below the surface.
- Immovable assets.
- Ownership transferred via deeds.
- Subject to specific laws like zoning and eminent domain.
Memory trick: Real property is fixed and firm, while personal property is free to roam and squirm.