4 CLASSIFICATIONS OF PROPERTY 



fore immovable. All tangible objects which are not so 

 related to land as to be considered a part thereof are con- 

 sidered "movables." 



4. Modern Application of the Phrases Real Prop- 

 erty and Personal Property. Accordingly we may say 

 that real property consists of land or of things so attached, 

 or annexed, to land as to be properly considered a part of 

 the land; and we may define personal property as including 

 all things and objects, subject to private property rights, 

 which are of a movable character; i. e., things which are 

 not annexed to land in any way, or if annexed, the annexa- 

 tion is of such a loose and temporary nature that the objects 

 may not properly be considered a part of the land to which 

 they are attached. As was indicated above certain prop- 

 erty rights in immovable things are considered personalty. 

 These legal rights which partake of the nature of both realty 

 and personalty are often called "chattels real," the term 

 chattel in itself being broad enough to include both goods 

 and rights. The law seems to regard these rights not as 

 interests in the realty itself, but as security for the personal 

 claims from which they arise and upon which they rest. 



Under both the Roman and the common law the owner- 

 ship of any portion of the earth's surface carried with it, 

 as an incident thereto, the ownership and control of every 

 object or substance permanently affixed to such land, and a 

 theoretical right of control not only over the solid geomet- 

 ric figure which would be produced by the extension of 

 lines from each bounding point, or angle, of the superficial 

 tract inward to the center of the earth, but also over the 

 space included within the extensions of such lines outward 

 from the earth's surface to the limit of the celestial sphere 

 (Cuius est solum, eius est usque ad caelum). In the develop- 

 ment of English law the inflexibility of this common law 

 rule as to ownership by the holder of the realty of all ob- 

 jects which might be annexed to the soil was greatly weak- 

 ened in the efforts of the courts to protect the equitable 

 interests of tenants for life or for years and was eventual- 

 ly modified by statutory provisions. 



5. The Meaning of the Terms Tenements and 

 Hereditaments. Although we shall not have occasion , 



