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Land use, land valuation, and the determination of the incomes
of landowners, are among the oldest questions in economic
theory. Land is an essential input (factor of production) for
agriculture, and agriculture is by far the most important
economic activity in preindustrial societies. With the advent of
industrialization, important new uses for land emerge, as sites
for factories, warehouses, offices, and urban agglomerations.
Also, the value of real property taking the form of man-made
structures and machinery increases relative to the value of land
alone. The concept of real property eventually comes to
encompass effectively all forms of tangible fixed capital. with
the rise of extractive industries, real property comes to
encompass natural capital. With the rise of tourism and leisure,
real property comes to include scenic and other amenity values.
Starting in the 1960s, as part of the emerging field of law and
economics, economists and legal scholars began to study the
property rights enjoyed by tenants under the various estates,
and the economic benefits and costs of the various estates. This
resulted in a much improved understanding of the:
Property rights enjoyed by tenants under the various estates.
These include the right to:
Decide how a piece of real property is used
Exclude others from enjoying the property
Transfer (alienate) some or all of these rights to others on
mutually agreeable terms
Nature and consequences of transaction costs when changing and
transferring estates.
For an introduction to the economic analysis of property law,
see Shavell (2004), and Cooter and Ulen (2003). For a collection
of related scholarly articles, see Epstein (2007). Ellickson
(1993) broadens the economic analysis of real property with a
variety of facts drawn from history and ethnography.
In common law, real property was property that could be protected
by some form of real action, in contrast to personal property,
where a plaintiff would have to resort to another form of
action. As a result of this formalist approach, some things the
common law deems to be land would not be classified as such by
most modern legal systems, for example an advowson (the right to
present to the living of a church) was real property. By
contrast the rights of a leaseholder originate in personal
actions and so the common law originally treated a leasehold as
part of personal property.
The law now broadly distinguishes between real property (land
and anything affixed to it) and personal property (everything
else, e.g., clothing, furniture, money). The conceptual
difference was between immovable property, which would transfer
title along with the land, and movable property, which a person
would retain title to. (The word is not derived from the notion
of land having historically been "royal" property. The word
royal — and its Spanish cognate real — come from the unrelated
Latin word rex, meaning king.)
In modern legal systems derived from English common law,
classification of property as real or personal may vary somewhat
according to jurisdiction or, even within jurisdictions,
according to purpose, as in defining whether and how the
property may be taxed.
Bethell (1998) contains much historical information on the
historical evolution of real property and property rights.
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