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How Do You Define Real Estate in California?

Is a mobile home real estate? Is a life interest in a condominium considered real property? What about an oil or gas leasehold interest?

Under California probate laws, it is important to establish which part of the estate is considered real estate or "real property." Real property is land and things permanently attached to land, such as houses, trees, and crops.

If a mobile home is registered with the DMV and can be taken from one place to another, it is considered personal property, not real property. If it is permanently attached to a certain piece of land, though, it becomes real estate.
A condominium, a leasehold interest in cooperatives, underground utility installations, or oil and gas are also considered real property.

A real estate lease with an unexpired term of ten years or longer or a lease with an option to purchase falls in the same category. However, life interests in condominiums and co-ops which do not survive the decedent are more likely to be treated as personal property.

How is real property transferred?

The transfer of real estate from one person to another is done by a document, usually a deed. To find out if a document is a deed, you need to see if it contains:

• The name of the grantee (the purchaser)
• The name of the grantor (the seller)
• A legal description of the property
• A granting clause, usually starting with:"I hereby grant..."
• The signature of the grantor and grantee.

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