2. Personal and Real

PERSONAL ACTIONS AND REAL ACTIONS

Real actions are those which affect title to or possession of real property or an interest therein.

It involves actions in which personal property is sought to be recovered or damages for breach of contract are sought.

While a real action is founded on privity of real estate, a personal action is founded on privity of contract.

LOCAL AND TRANSITORY ACTIONS

A real action is local, i.e., its venue depends upon the location of the property involved in the litigation. It is filed in the court where the property or any part thereof is situated. An example of such action is recovery of real property.

A personal action is transitory, i.e., its venue depends upon the residence of the plaintiff or the defendant at the option of the plaintiff. An example of such action is recovery of sum of money.

Right of redemption

• Personal Property - no right because the sale is absolute.
• Real Property - right is given.