The Property

At first glance, it seems obvious: You’re buying the property located at the address you saw online―except it’s not that simple. Property is then categorized further: Land, dwelling, fixtures, and personal property. To help you understand what inherently comes with the property and what you’ll need to explicitly request, let’s go over some of the relevant terms:

The property and fixtures are automatically included in the sale while personal property is not. However, one of the cool things about real estate is that almost everything is negotiable, so if you want personal property to stay, just make sure it’s in writing!

Personal property is anything that’s not permanently attached to the property, but personal property becomes a fixture when the item is attached to the property by permanent means. Expectations around what is included can often leave buyers frustrated at closing because what counts as a “fixture” leaves room for interpretation, and how this section is interpreted by each party usually isn’t revealed until settlement. 

If an item is affixed to the property but can be removed with some effort, it begs the question: Does it count as a fixture? The technical definition of a fixture is “personal property that is permanently attached to a structure or land, by means of bolts, screws, nails, cement, glue or other permanent attachment.” In the case of quasi-affixed items, it’s good practice to be specific in the contract when describing the transfer of items to avoid a contentious situation.

Properties will occasionally come with an easement, which is the right to use someone else’s land for a specific purpose. Because properties have been transferred for hundreds of years and until recently were recorded by hand, locating easements on any given property is not as simple to find as one would expect in this day and age (No ctrl + F option here!). 

The role of a title company in the transfer of property is to search the chain of title, not only for the transfer of ownership rights, but for liens, clouds on the title, and the presence of easements. The title company or real estate attorney will notify you of any easements prior to the transfer of the property. 

What are easements for?

Common justifications for easements are for utility companies to provide utilities or for a neighbor to drive across someone else’s land to access a main road.

Can I get rid of an easement?

It depends on the circumstances. You’ll need to talk to a real estate attorney to find out for sure. 

Predominantly found in Maryland and Pennsylvania, ground rent is an arrangement that separates ownership of a parcel of land and the dwelling. Originating as a means for colonists to build a home without significant upfront capital, colonists could rent the land from colonial governments or private landowners for small incremental payments. Today, these archaic agreements serve as more of a contractual nuisance than a means to establishing a homestead. 

A ground rent arrangement is a property co-ownership agreement that subsequent property owners inherit with the transfer of the real estate. These agreements are noted on the property’s deed and will be found by the title company or real estate attorney upon the transfer of deed. 

Local governments have begun offering solutions for ground rent lessees to terminate the antiquated arrangement. In some cases, ground rent may be permanently redeemed for as little as a few hundred dollars. For more details on ground rent, consult a real estate attorney who specializes in your area.