How does Florida treat real property versus personal property in a real estate transaction?

• A. Real property includes land and permanent fixtures; personal property is movable and transfers via bill of sale or contract; fixtures generally stay with the property
• B. Real property includes furniture; personal property includes land
• C. Real property transfers via deed; personal property via contract
• D. Fixtures are always removed before sale

Answer: (A)

In Florida real estate practice, real property means the land itself plus anything permanently attached to it or integrated with the land—think buildings, improvements, and fixtures that are considered part of the property. Personal property, on the other hand, includes movable items that aren’t attached or fixed to the land, such as furniture or portable appliances.

In a transaction, the default is that real property transfers by deed, which conveys ownership of the land and its permanent fixtures. Items classified as fixtures generally stay with the property and pass to the buyer as part of the sale unless the contract specifies otherwise or a separate bill of sale is used to transfer them as personal property. Personal property transfers by bill of sale or via the purchase agreement, not by deed.

So, real property includes land and permanent fixtures; personal property is movable and transfers via bill of sale or contract; fixtures generally stay with the property.