Real \Re"al\ (r[=e]"al), a. [LL. realis, fr. L. res, rei, a
thing: cf. F. r['e]el. Cf. Rebus.]
1. Actually being or existing; not fictitious or imaginary;
as, a description of real life.
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Whereat I waked, and found
Before mine eyes all real, as the dream
Had lively shadowed. --Milton.
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2. True; genuine; not artificial, counterfeit, or factitious;
often opposed to ostensible; as, the real reason; real
Madeira wine; real ginger.
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Whose perfection far excelled
Hers in all real dignity. --Milton.
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3. Relating to things, not to persons. [Obs.]
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Many are perfect in men's humors that are not
greatly capable of the real part of business.
--Bacon.
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4. (Alg.) Having an assignable arithmetical or numerical
value or meaning; not imaginary.
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5. (Law) Pertaining to things fixed, permanent, or immovable,
as to lands and tenements; as, real property, in
distinction from personal or movable property.
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Chattels real (Law), such chattels as are annexed to, or
savor of, the realty, as terms for years of land. See
Chattel.
Real action (Law), an action for the recovery of real
property.
Real assets (Law), lands or real estate in the hands of the
heir, chargeable with the debts of the ancestor.
Real composition (Eccl. Law), an agreement made between the
owner of lands and the parson or vicar, with consent of
the ordinary, that such lands shall be discharged from
payment of tithes, in consequence of other land or
recompense given to the parson in lieu and satisfaction
thereof. --Blackstone.
Real estate or Real property, lands, tenements, and
hereditaments; freehold interests in landed property;
property in houses and land. --Kent. --Burrill.
Real presence (R. C. Ch.), the actual presence of the body
and blood of Christ in the eucharist, or the conversion of
the substance of the bread and wine into the real body and
blood of Christ; transubstantiation. In other churches
there is a belief in a form of real presence, not however
in the sense of transubstantiation.
Real servitude, called also Predial servitude (Civil
Law), a burden imposed upon one estate in favor of another
estate of another proprietor. --Erskine. --Bouvier.
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Syn: Actual; true; genuine; authentic.
Usage: Real, Actual. Real represents a thing to be a
substantive existence; as, a real, not imaginary,
occurrence. Actual refers to it as acted or performed;
and, hence, when we wish to prove a thing real, we
often say, "It actually exists," "It has actually been
done." Thus its reality is shown by its actuality.
Actual, from this reference to being acted, has
recently received a new signification, namely,
present; as, the actual posture of affairs; since what
is now in action, or going on, has, of course, a
present existence. An actual fact; a real sentiment.
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For he that but conceives a crime in thought,
Contracts the danger of an actual fault.
--Dryden.
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Our simple ideas are all real; all agree to the
reality of things. --Locke.
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REAL PROPERTY, That which consists of land, and of all rights and profits
arising from and annexed to land, of a permanent, immovable nature. In order
to make one's interest in land, real estate, it must be an interest not less
than for the party's life, because a term of years, even for a thousand
years, perpetually renewable, is a mere personal estate. 3 Russ. R. 376. It
is usually comprised under the words lands, tenements, and hereditaments.
Real property is corporeal, or incorporeal.
2. Corporeal consists wholly of substantial, permanent objects, which
may all be comprehended under the general denomination of land. There are
some chattels which are so annexed to the inheritance, that they are deemed
a part of it, and are called heir looms. (q.v.) Money agreed or directed to
be laid out in land is considered as real estate. Newl. on Contr. chap. 3;
Fonb. Eq. B. 1, c. 6, Sec. 9; 3 Wheat. Rep. 577.
3. Incorporeal property, consists of certain inheritable rights, which
are not, strictly speaking, of a corporeal nature, or land, although they
are by their own nature or by use, annexed to corporeal inheritances, and
are rights issuing out of them, or which concern them. These distinctions
agree with the civil law. Just. Inst. 2, 2; Poth. Traite de la Communaute,
part 1, c. 2, art. 1. The incorporeal hereditaments which subsist by the
laws of the several states are fewer than those recognized by the English
law. In the United States, there are fortunately no advowsons, tithes, nor
dignities, as inheritances.
4. The most common incorporeal hereditaments, are, 1. Commons. 2. Ways.
3. Offices. 4. Franchises. 5. Rents. For authorities of what is real or
personal property, see 8 Com. Dig. 564; 1 Vern. Rep. by Raithby, 4, n.; 2
Kent, Com. 277; 3 Id. 331; 4 Watts' R. 341; Bac. Ab. Executors, H 3; 1 Mass.
Dig. 394; 5 Mass. R. 419, and the references under the article Personal
property, (q.v.) and Property. (q.v.)
5. The principal distinctions between real and personal property, are
the following: 1. Real property is of a permanent and immovable nature, and
the owner has an estate therein at least for life. 2. It descends from the
ancestor to the heir instead of becoming the property of an executor or
administrator on the death of the owner, as in case of personalty. 3. In
case of alienation, it must in general be made by deed, 5 B. & C. 221, and
in presenti by the common law; whereas leases for years may commence in
futuro, and personal chattels may be transferred by parol or delivery. 4.
Real estate when devised, is subject to the widow's dower personal estate
can be given away by will discharged of any claim of the widow.
6. These are some interests arising out of, or connected with real
property, which in some respects partake of the qualities of personally; as,
for example, heir looms, title deeds, which, though in themselves movable,
yet relating to land descend from ancestor to heir, or from a vendor to a
purchaser. 4 Bin. 106.
7. It is a maxim in equity, that things to be done will be considered
as done, and vice versa. According to this doctrine money or goods will be
considered as real property, and land will be treated as personal property.
Money directed by a will to be laid out in land is, in equity, considered as
land, and will pass by the words "lands, tenements, and hereditaments
whatsoever and wheresoever." 3 Bro. C. C. 99; 1 Tho. Co. Litt. 219, n. T.
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