TSEM6006 - Legal background to trusts & estates: the law in England & Wales - realty (real property)
The word 鈥榬eal鈥� means property that could be the subject of a 鈥榬eal鈥� action in the courts. It does not mean the opposite of imaginary. It is derived from the fact that a 鈥榬eal鈥� action was the only way a plaintiff could recover a 鈥榯hing鈥� (a 鈥榬es鈥�). This kind of action applied only to certain rights in land. The best known of these is normally called freehold property. It is more correctly described as fee simple.
Real property is transferred by conveyance. Where it is settled into trust, this must be done by way of a written deed - S53 Law of Property Act 1925. Otherwise the transfer is invalid, and the property remains with the settlor. This Act does not apply in Scotland.