Liberalization and Corruption: Resolving the Paradox

Total Page:16

File Type:pdf, Size:1020Kb

Liberalization and Corruption: Resolving the Paradox CORE Metadata, citation and similar papers at core.ac.uk Provided by IDS OpenDocs 1Introduction1 The new political economy (NPE) - perhaps more accurately called 'economic politics' - has applied Liberalization to political 'markets' or to political action in eco- nomic markets the profit and utility maximizing assumptions which underlie neoclassical econom- and ics (Basu 1991) to show the conditions of rent seeking2 under which individually rational behav- jour on the part of bureaucrats3 impedes the col- Corruption: lective economic good, leads to economically irrational outcomes and overwhelms 'good policy advice' (Krueger 1974).While the soft policy Resolving the options both required by NPE and acquired from it form a lengthy and messy agenda4, the hard option Paradox is less contested and is entirely consistent with the macroeconomic theoretical background underlying (A Discussion Based the first decade of structural adjustment.This involves deregulation: - in extreme states the limi- onSouth Indian tation of the state to the protection of private prop- erty rights and the enforcement of 'voluntary Material) private contracts'.5 Barbara Harriss-White While NPE does not require the individually ratio- nal behaviour of bureaucrats to be corrupt, corrup- tion, when defined as the 'clearing response to the inefficientdistribution of freepublic goods' (Jagganathan 1987:110), is entirely consistent with thistheoretical approach and its policy implications. 1 am grateful to S. Adnan, EA. Brett, S. Guhan, T. Hyat, D. Jayaraj, S. Janakarajan, MI-1. Khan, P.J. Krishnamurthy, CT. Runen, J. Mooij, N. Narayanan, WK. Olsen, J. Rapley, R.Roy and D.G. White for discussion and helpful reactions to a draft but the inadequacies remaining are my own. 2 Rent seeking is understood hereas the use of resources to obtain politically created rents. And on occasions a conflated category of 'bureaucrat- politician' which is referred to by either designation. Increase information to curb rent seeking; use law to restrict the activities of those most prone to rent seeking; raise bureaucrats' salaries; tax rent seeking activities; use rent-seeking status to prioritise deregulation (Jagganathan 1987; Grindle and Thomas 1991). (Krueger 1974; Buchanan 1980; Basu 1991 and critically discussed in Grindle and Thomas 1991). The sequencing of privatization and liberalization, of inter- and intra- sectoral contraction, the mix of capital and current expenditure in a compressed state sector are contentious policy issues, all of which follow from the deregulation agenda (Cornia and Stewart 1990). 1DS Bulletin Vol 27 No 2 1996 31 Jagganathan (ibid.) for instance (acknowledging his lines of accountability and by diluting enforcement debt to Wade 1985) distinguishes three sorts of cor- capacitySecond, there will be no change in cor- ruption for 'India' according to location within the ruption under privatization if the state continues to bureaucracy The first and second are very similar: regulate economic conduct directly or indirectly 1)the traditional revenue collection/registration through quasi-state organizations. Then some busi- functions of the state and ii) the developmental ness interests may use corrupt means to maintain functions of the state.Both face excess demand. access to resources or exemptions, while other Type i)is characterized by chronic institutional interests will bribe to enforce deregulation and scarcityCorruption is not the only response to increase the territory of market exchange.Third, such scarcity Nepotism is also both rational and officials may seek bribes against promises of future common as a rationing mechanism. Public officials economic rents, given that their tenure outlives that become discriminating monopolists. In type ii) cor- of politicians. ruption, privately appropriable benefits are per- ceived to be provided by public services e.g. the The prediction grounded in NPE can also be dis- delivery of newly created supposedly common cussed with empirical material.It is not surprising property rights (health, irrigation, roads, control that corruption - the 'great black hole of develop- over necessary inputs e.g. fertiliser). The third type ment economics and public policy' (Jagganathan is fraud: 'the exploitation of information asymme- 1987:116) - is easier to theorize than to analyse tries within the bureaucracy to defraud the exche- empirically As Leys (1965) pointed out long ago, quer'. Type iii) happens when public agencies are there is a 'widespread feeling that the facts cannot not accountable and/or when public opinion is be discovered or that if they can, they cannot be unaware and a feeble regulator. Officials may proved, or that if they can be proved, the proof can- become private co-owners, or creditors of contract- not be published' for reasons either of research ing firms and simultaneously contract awarders. In diplomacy or of social science conventions about all three forms of corruption, intangible property validity Here we will use empirical material gath- rights result and can be purchased. ered as a by-product of research on the develop- ment (despite, or because of, noticeable government Here, the bribe is not a transfer with a socially neu- neglect) of a small South Indian market town over tral impact. It is distinctly ambivalent. On the one two decades. hand, it is an 'efficient' reward to the entrepreneur- ial drive of the bureaucrat. On the other, it is an Three propositions will be explored: incentive for the bureaucratic propagation of corrupt sites (by restricting activity and then accepting a i that the overall process of capital accumula- rent preferentially to ration it at price which may be tion is as important to corruption as is the formed under a variety of competitive conditions bureaucrat; depending upon assumptions about bureaucratic structure and organization) (Shleifer and Vishny 1993). ii that bureaucratic corruption is but a subset of its commonly observed forms; Deregulation will then remove the positions where this 'systematic exploitation of illegal income earn- iiithat deregulation may be accompanied by an ing opportunities' in the public sector is possible. increase in corruption and by mutations in By contrast, this article is a preliminary attempt to relations of corruption. examine the opposite proposition - that a reduction of state controls may be accompanied by increased The concept of corruption as it is practised and corruption. experienced in the town under study is in line with the definition given in 1964 by the then influential Even within the stylized world of NPE, there are Santhanam Report on the Prevent of Corruption: several reasons why its prediction that deregulation 'all forms of impropriety or selfish exercise of will reduce corruption may be confounded.First, power and influence attached to a public office partial changes in ownership (as with quango-ization) or to the special position one occupies in public may multiply sites for corruption by complicating life'.This is a broad brush definition, but accords 32 with my understanding of what local citizens mean corruption. The first is instanced by the burgeon- when they use the word. ing scrap metal sector where commercial taxes are levied on the first purchase. The sector is struc- tured around a sizeable number of independent 2 Primary and Primitive small wholesalers whose gross output is beneath Accumulation as a Motor the commercial tax threshold and who bulk and sell of Corruption to a small number of large wholesalers (whose 'sec- The maximizing behaviour of bureaucrats in cor- ond purchases' are therefore tax exempt). In prac- rupt exchange theorized as 'markets' neglects the tice,alltheapparentlyindependentsmall social relations by which corrupt transactions are wholesalers are completely financed by the large 'demanded' (or funds for corruption are 'supplied') wholesalers and are poorly disguised wage labour. by the non-bureaucratic party to the corrupt con- The second evasion is instanced by groundnut, tract. Talk of 'market clearing' asserts one form of subject to cascading taxes at every stage, which are corrupt exchange and yet obscures the mechanisms extensively evaded by means of verbal, spot con- by which there might be a 'market' in the first place. tracts with immediate cash payment. Thus the only My empirical evidence suggests that three types of commodity whose conditionsoftransaction relation are particularly important in supplying the remotely resemble those of perfect competition means whereby the non-bureaucratic party engages assumes this particular and rare contractual form in corrupt transactions, and in enabling intangible specifically to escape state intervention. private property rights to be created over public goods and services in the first place: tax evasion, The failure to pay local municipal taxes has a dire exploitative labour relations and fraud and eco- effect on municipal finance and its implications for nomic crime. In this article we have room to dis- urban development are far reaching. Over a period cuss only the first of these.6 of two decades, taxes raised from the very poorest categories (from the bullock- and horse-cart stands and from stalls in the municipal market) con- Tax evasion tributed nearly as much as those from all inhabi- Widespread, large scale tax evasion is entrenched in tants with taxable property and income. The India. As long ago as the early 1980s it was esti- Municipality appears to tax people earning less than mated that 41-58 per cent
Recommended publications
  • What Is So Special About Intangible Property? the Case for Intelligent Carryovers Richard A
    University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2010 What Is So Special about Intangible Property? The Case for intelligent Carryovers Richard A. Epstein Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Richard A. Epstein, "What Is So Special about Intangible Property? The asC e for intelligent Carryovers" (John M. Olin Program in Law and Economics Working Paper No. 524, 2010). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO JOHN M. OLIN LAW & ECONOMICS WORKING PAPER NO. 524 (2D SERIES) What Is So Special about Intangible Property? The Case for Intelligent Carryovers Richard A. Epstein THE LAW SCHOOL THE UNIVERSITY OF CHICAGO August 2010 This paper can be downloaded without charge at: The Chicago Working Paper Series Index: http://www.law.uchicago.edu/Lawecon/index.html and at the Social Science Research Network Electronic Paper Collection. WHAT IS SO SPECIAL ABOUT INTANGIBLE PROPERTY? THE CASE FOR INTELLIGENT CARRYOVERS by Richard A. Epstein* ABSTRACT One of the major controversies in modern intellectual property law is the extent to which property rights conceptions, developed in connection with land or other forms of tangible property, can be carried over to different forms of property, such as rights in the spectrum or in patents and copyrights.
    [Show full text]
  • Entrepreneurship in Regulated Markets: Burden Or Boon?
    Entrepreneurship in regulated markets: Burden or boon? Chair: Vickie Gibbs, Executive Director, Entrepreneurship Center, UNC Kenan-Flagler Business School Panelists: Susan Cates, Partner, Leeds Equity Partners, LLC Chris Elmore, Community Evangelist, AvidXchange Eric Ghysels, Faculty Director, Rethinc. Labs; Edward Bernstein Distinguished Professor of Economics, UNC-Chapel Hill; Professor of Finance, UNC Kenan-Flagler Business School Bill Starling, CEO, Synecor Regulatory barriers to entry can distort markets and limit innovation, but also result in breakthrough business models facing less competition. Examples include fintech, medtech and edtech. This session examined the challenges specific to entrepreneurship and innovation in regulated industries. Bill Starling started the session by describing the regulatory complexities of the medtech market. Food and Drug Administration (FDA) approval for medical device products can sometimes take more than a decade. For example, approval for the TAVR heart valve replacement device took 17 years and $2 billion in funding. One strategy for ventures is to minimize the number of approvals required to bring a product to market. For example, iRhythm focused on the unmet customer need for an affordable way to detect heart conditions. The company created a simple, bandage-like device that collected data about the heart, which allowed them to avoid regulatory scrutiny. Even so, the product required $100 million to complete the clinical trials. Starling closed by noting that regulated markets are difficult to enter, but once a venture successfully enters the market, it can do very well and find protected positions. Susan Cates provided perspective as both a business operator and as an investor within education. Cates believes that success in regulated markets often requires “nontraditional thinking inside traditional institutions.” Cates described the “stroke of the pen” risks and tailwinds that can occur when policymakers pass new laws or provide regulatory guidance.
    [Show full text]
  • A Sui Generis Regime for Traditional Knowledge: the Ulturc Al Divide in Intellectual Property Law J
    Marquette Intellectual Property Law Review Volume 15 | Issue 1 Article 3 Emerging Scholars Series: A Sui Generis Regime for Traditional Knowledge: The ulturC al Divide in Intellectual Property Law J. Janewa OseiTutu University of Pittsburgh School of Law Follow this and additional works at: http://scholarship.law.marquette.edu/iplr Part of the Intellectual Property Commons Repository Citation J. Janewa OseiTutu, Emerging Scholars Series: A Sui Generis Regime for Traditional Knowledge: The Cultural Divide in Intellectual Property Law, 15 Intellectual Property L. Rev. 147 (2011). Available at: http://scholarship.law.marquette.edu/iplr/vol15/iss1/3 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Intellectual Property Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. EMERGING SCHOLARS SERIES* A SUI GENERIS REGIME FOR TRADITIONAL KNOWLEDGE: THE CULTURAL DIVIDE IN INTELLECTUAL PROPERTY LAW J. JANEWA OSEITUTU** ABSTRACT .................................................................................................... 149 INTRODUCTION ........................................................................................... 150 I. THE TRADITIONAL KNOWLEDGE QUESTION ..................................... 158 A. The Backlash against TRIPS ...................................................... 158 B. What Is Traditional Knowledge? ...............................................
    [Show full text]
  • Intangible Takings Susan Eisenberg
    Vanderbilt Law Review Volume 60 | Issue 2 Article 13 3-2007 Intangible Takings Susan Eisenberg Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Intellectual Property Law Commons, and the Property Law and Real Estate Commons Recommended Citation Susan Eisenberg, Intangible Takings, 60 Vanderbilt Law Review 667 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol60/iss2/13 This Note is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. NOTES Intangible Takings INTRODU CTION .................................................................... 668 II. THE LEGAL CONTEXT OF INTANGIBLE TAKINGS .................. 673 A. ConstitutionalProtection of Private Property......... 673 1. Defining Property in the Takings Clause .... 674 2. Absence of Qualifying Test for Intangible Property Interests ........................................ 676 B. TraditionalLaw Affords No Property Interest in Phone N um bers ................................................... 676 1. FCC Rules Governing Ownership of Phone N um bers ....................................................... 676 2. Contract Law ................................................ 678 3. Intellectual Property Law ............................ 679 C. Denial of Protective Rights Produces Incongruous Law ....................................................
    [Show full text]
  • [PDF] Intangible Property Section of Uniform Administrative
    § 3019.35 7 CFR Ch. XXX (1–1–06 Edition) the equipment shall be subject to the (2) Authorize others to receive, repro- provisions for federally-owned equip- duce, publish, or otherwise use such ment. data for Federal purposes. (d) (1) In addition, in response to a § 3019.35 Supplies and other expend- Freedom of Information Act (FOIA) re- able property. quest for research data relating to pub- (a) Title to supplies and other ex- lished research findings produced under pendable property shall vest in the re- an award that were used by the Federal cipient upon acquisition. If there is a Government in developing an agency residual inventory of unused supplies action that has the force and effect of exceeding $5000 in total aggregate law, the Federal awarding agency shall value upon termination or completion request, and the recipient shall pro- of the project or program and the sup- vide, within a reasonable time, the re- plies are not needed for any other fed- search data so that they can be made erally-sponsored project or program, available to the public through the pro- the recipient shall retain the supplies cedures established under the FOIA. If for use on non-Federal sponsored ac- the Federal awarding agency obtains tivities or sell them, but shall, in ei- the research data solely in response to ther case, compensate the Federal Gov- a FOIA request, the agency may charge ernment for its share. The amount of the requester a reasonable fee equaling compensation shall be computed in the the full incremental cost of obtaining same manner as for equipment.
    [Show full text]
  • Markets Not Capitalism Explores the Gap Between Radically Freed Markets and the Capitalist-Controlled Markets That Prevail Today
    individualist anarchism against bosses, inequality, corporate power, and structural poverty Edited by Gary Chartier & Charles W. Johnson Individualist anarchists believe in mutual exchange, not economic privilege. They believe in freed markets, not capitalism. They defend a distinctive response to the challenges of ending global capitalism and achieving social justice: eliminate the political privileges that prop up capitalists. Massive concentrations of wealth, rigid economic hierarchies, and unsustainable modes of production are not the results of the market form, but of markets deformed and rigged by a network of state-secured controls and privileges to the business class. Markets Not Capitalism explores the gap between radically freed markets and the capitalist-controlled markets that prevail today. It explains how liberating market exchange from state capitalist privilege can abolish structural poverty, help working people take control over the conditions of their labor, and redistribute wealth and social power. Featuring discussions of socialism, capitalism, markets, ownership, labor struggle, grassroots privatization, intellectual property, health care, racism, sexism, and environmental issues, this unique collection brings together classic essays by Cleyre, and such contemporary innovators as Kevin Carson and Roderick Long. It introduces an eye-opening approach to radical social thought, rooted equally in libertarian socialism and market anarchism. “We on the left need a good shake to get us thinking, and these arguments for market anarchism do the job in lively and thoughtful fashion.” – Alexander Cockburn, editor and publisher, Counterpunch “Anarchy is not chaos; nor is it violence. This rich and provocative gathering of essays by anarchists past and present imagines society unburdened by state, markets un-warped by capitalism.
    [Show full text]
  • Administration of the Intangible Personal Property Tax in Philadelphia *
    1954] NOTE ADMINISTRATION OF THE INTANGIBLE PERSONAL PROPERTY TAX IN PHILADELPHIA * INTRODUCTION Recent trends in state taxation have demonstrated an increasing tendency to exempt intangible personal property.' Pennsylvania recently has joined most of the industrial eastern states in ceasing to obtain revenue from such a source; but, despite constant criticism,2 the Commonwealth has retained it for county purposes.3 The present tax evolved from a one * This study was financed by a grant from the Thomas Skelton Harrison Foundation, an agency created by the will of Thomas Skelton Harrison to promote good government in Philadelphia. It was prepared with the cooperation of the Finance Director of the City of Philadelphia and the staff of the Department of Collections, particularly Mr. Romanus Buckley, Deputy Commissioner of Revenue, and Mr. Joseph Tanzola of the Sanctions Division of the Department of Collections. The assistance of the Board of Revision of Taxes and its entire Personal Property Division was very helpful, particularly the constructive criticism of Mr. Wallace Bromley, Chief Personal Property Assessor, and Mr. Samuel Shmukler, Chief Clerk of the Personal Property Division. 1. See Roesken, Trends it the Ad Valorem Taxation of Intangibles, 26 TAXES 639 (1948); Roesken, Taxation in the Easter); States, 25 TAXES 212, 215 (1947). Roesken attributes this tendency to the increasing favor for taxes on income, in- cluding the income from intangibles, as well as to the difficulty in the direct assess- ment of such property because the
    [Show full text]
  • Annotated Presentation of Regulated Markets and National Provisions
    15.7.2011 EN Official Journal of the European Union C 209/21 Annotated presentation of regulated markets and national provisions implementing relevant requirements of MiFID (Directive 2004/39/EC of the European Parliament and of the Council) (2011/C 209/13) Article 47 of the Markets in Financial Instruments Directive (Directive 2004/39/EC, OJ L 145, 30.4.2004) authorises each Member State to confer the status of ‘regulated market’ on those markets constituted on its territory and which comply with its regulations. Article 4, paragraph 1, point 14 of Directive 2004/39/EC defines a ‘regulated market’ as a multilateral system operated and/or managed by a market operator, which brings together or facilitates the bringing together of multiple third-party buying and selling interests in financial instruments — in the system and in accordance with its non-discretionary rules — in a way that results in a contract, in respect of the financial instruments admitted to trading under its rules and/or systems, and which is authorised and functions regularly and in accordance with the provisions of Title III of Directive 2004/39/EC. Article 47 of Directive 2004/39/EC requires that each Member State maintains an updated list of regulated markets authorised by it. This information should be communicated to other Member States and the European Commission. Under the same article (Article 47 of Directive 2004/39/EC), the Commission is required to publish a list of regulated markets, notified to it, on a yearly basis in the Official Journal of the European Union. The present list has been compiled pursuant to this requirement.
    [Show full text]
  • Intellectual Property, Traditional Knowledge, and Traditional Cultural Expressions in Native American Tribal Codes Dalindyebo Bafana Shabalala
    The University of Akron IdeaExchange@UAkron Akron Law Review Akron Law Journals July 2018 Intellectual Property, Traditional Knowledge, and Traditional Cultural Expressions in Native American Tribal Codes Dalindyebo Bafana Shabalala Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Follow this and additional works at: http://ideaexchange.uakron.edu/akronlawreview Part of the Intellectual Property Law Commons Recommended Citation Shabalala, Dalindyebo Bafana (2017) "Intellectual Property, Traditional Knowledge, and Traditional Cultural Expressions in Native American Tribal Codes," Akron Law Review: Vol. 51 : Iss. 4 , Article 5. Available at: http://ideaexchange.uakron.edu/akronlawreview/vol51/iss4/5 This Article is brought to you for free and open access by Akron Law Journals at IdeaExchange@UAkron, the institutional repository of The nivU ersity of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Review by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. Shabalala: IP and Native American Tribal Codes INTELLECTUAL PROPERTY, TRADITIONAL KNOWLEDGE, AND TRADITIONAL CULTURAL EXPRESSIONS IN NATIVE AMERICAN TRIBAL CODES Dalindyebo Bafana Shabalala* Abstract .............................................................................. 1126 I. Introduction ............................................................. 1126 II. What is Native
    [Show full text]
  • The National Tax Association and the Promise and Perils of Disciplinary Encounters
    Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 2011 From Programmatic Reform to Social Science Research: The National Tax Association and the Promise and Perils of Disciplinary Encounters Ajay K. Mehrotra Indiana University Maurer School of Law Joseph J. Thorndike Tax Analysts Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Public Economics Commons, and the Tax Law Commons Recommended Citation Mehrotra, Ajay K. and Thorndike, Joseph J., "From Programmatic Reform to Social Science Research: The National Tax Association and the Promise and Perils of Disciplinary Encounters" (2011). Articles by Maurer Faculty. 2532. https://www.repository.law.indiana.edu/facpub/2532 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. 593 From Programmatic Reform to Social Science Research: The National Tax Association and the Promise and Perils of Disciplinary Encounters Ajay K. Mehrotra Joseph J. Thorndike This article uses the history of the National Tax Association (NTA), the leading twentieth-century organization of tax professionals, to strengthen our empiri- cal understanding of the disciplinary encounter between law and the social sciences. Building on existing sociolegal scholarship, this article explores how the NTA embodied tax law's ambivalent historical interaction with public economics. Since its founding in 1907, the NTA has changed dramatically from an eclectic and catholic organization of tax professionals with a high public profile to an insular, scholarly association of mainly academic public finance economists.
    [Show full text]
  • Intangible Asset Monetization the Promise and the Reality
    Working Paper #03 Intangible Asset Monetization The Promise and the Reality Kenan Patrick Jarboe Roland Furrow Athena Alliance April 2008 About Athena Alliance Athena Alliance is in the vanguard of identifying, understanding, analyzing, and educating on the information, intangibles, and innovation (I 3 or I-Cubed) economy. Information, knowledge, and other intangibles now power economic prosperity and wealth creation. Intangible assets—worker skills and know-how, informal relationships that feed creativity and new ideas, high-performance work organizations, formal intellectual property, brand names—are the new keys to competitive advantage. Intangibles and information drive our innovation process, a combination of formal research and informal creativity. These elements combine to produce productivity and improvement gains needed to maintain prosperity. While the economic rules have changed, public policy has not caught up. Governments are struggling with ways to utilize information, foster development of intangibles, and promote innovation and competitiveness in this new economy. Policymakers are grappling with the urgent need to frame policy questions in light of the changing economic situation. Issues of developing and utilizing information, managing intangibles, and fostering innovation underlie discussions on a variety of subjects, such as intellectual property rights, education and training policy, economic development, technology policy, and trade policy. Crafting new policies in these areas requires infusing a better understanding
    [Show full text]
  • Real & Personal Property
    CHAPTER 5 Real Property and Personal Property CHRIS MARES (Appleton, Wsconsn) hen you describe property in legal terms, there are two types of property. The two types of property Ware known as real property and personal property. Real property is generally described as land and buildings. These are things that are immovable. You are not able to just pick them up and take them with you as you travel. The definition of real property includes the land, improvements on the land, the surface, whatever is beneath the surface, and the area above the surface. Improvements are such things as buildings, houses, and structures. These are more permanent things. The surface includes landscape, shrubs, trees, and plantings. Whatever is beneath the surface includes the soil, along with any minerals, oil, gas, and gold that may be in the soil. The area above the surface is the air and sky above the land. In short, the definition of real property includes the earth, sky, and the structures upon the land. In addition, real property includes ownership or rights you may have for easements and right-of-ways. This may be for a driveway shared between you and your neighbor. It may be the right to travel over a part of another person’s land to get to your property. Another example may be where you and your neighbor share a well to provide water to each of your individual homes. Your real property has a formal title which represents and reflects your ownership of the real property. The title ownership may be in the form of a warranty deed, quit claim deed, title insurance policy, or an abstract of title.
    [Show full text]