The difference in real estate and real property is as follows; Real Estate is property in land and buildings. It consists of the physical land and structures. Real Property consists of the legal interests associated with ownership of the physical real estate.

For example, in 2004, Private property owners Ford and Christina Huntington learned that in 1996 they had built their dream home, located in Skamania County, on their neighbor's property. Their neighbor then proceeded to sue the Huntingtons in hopes of gaining his land back along with his property. However, the case made its way to the Washington Supreme Court, and after a 5-4 vote it was decided that the huntingtons would gain an acre of the neighbor's land. In essence, they were given the better end of the deal. The Supreme Court's logic was to try and ease away from a rigid injunction rule to a more flexible approach of property law.

Private restrictions on ownership can be Covenants, conditions, and restrictions that are encumbrances, which limit the way a property owner can use a property.  They are promises made by a landowner about how the property will or will not be used that are enforceable through a court system.

Quite recently, new California laws were enacted to restrict groundwater use on private land. They passed this new legislation to allow the state to control and regulate the use of water on privately owned land. Citizens, feeling undermined by government control, are ready to take this matter under control to gain back their private property rights.

Public property restrictions stem from the fact that governments create limitations on the ownership of real estate, rising from their powers of taxation, eminent domain, police power, and escheat.

One news article is centered around the topic of eminent domain. UNT is prepared to exercise these powers as it is prepared to take over a local Sack N' Save in Denton, TX.  The UNT board of regents voted to acquire the property to make room for it's growing student housing. A problem arose when the board was willing to offer Fair market value to the owner, however he argued that the property was worth much more. It is safe to say these situations occur many times as the government prepares to exercise this power.