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In a physical sense, real estate may be said to include everything EXCEPT

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Question & Answer

Review the question and all answer choices

A

the surface of the earth.

A is incorrect because the surface of the earth is the most fundamental component of real estate. All real property includes the land itself, which forms the basis upon which ownership rights are established.

B

the air above the surface.

Correct Answer
C

personal property.

C is incorrect because personal property (chattels) refers to movable items not permanently attached to land. Real estate specifically excludes personal property, making this option a clear example of what's not included in real estate.

D

the subsurface.

D is incorrect because the subsurface (minerals, oil, gas) is generally included in real estate ownership unless specifically reserved or severed. Surface owners typically own the earth beneath their property to the center of the earth.

Why is this correct?

B is correct because while property rights extend upward, they are limited by federal aviation laws and public airspace principles. The air above a property isn't exclusively owned by the landowner, making it the exception among the given options.

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