Personal property is a type of property. In the common law systems personal property may also be called chattels, it is distinguished from real property, or real estate or realty. In the civil law systems personal property is often called movable property or movables, any property that can be moved from one location or another. This term is distinction with immovable property or immovables, such as land and buildings.
The distinction between these types of property is significant for a variety of reasons. Usually one's rights on movables are more attenuated than one's rights on immovables (or real property). The statutes of limitations or prescriptive periods are usually shorter when dealing with personal or movable property. Real property rights usually are enforceable for a much longer period of time and in most jurisdictions real estate and immovables are registered in government-sanctioned land registers. In some jurisdictions rights can be registered against personal or movable property.
In the common law it is possible to place a mortgage upon real property. Such mortgage requires payment or the owner of the mortgage can seek foreclosure. Personal property can often be secured with similar kind of device called a security interest. There is no similar institution to the mortgage in the civil law, however a hypothec is a device to secure real rights against property. These real rights follow the property along with the ownership. In the common law a lien also remains on the property and it is not extinguished by alienation of the property; liens may be real or equitable.
Many jurisdictions levy personal property tax, an annual tax on the privilege of owning or possessing personal property within the boundaries of the jurisdiction. Automobile and boat registration fees are a subset of this tax. Most household goods are exempt as long as they are kept or used within the household; the tax usually becomes a problem when the taxing authority discovers that expensive personal property like art is being regularly stored outside of the household.
CHATTEL (for derivation see Cattle), a term used in English law as equivalent to "personal property," that is, property which, on the death of the owner, devolves on his executor or administrator to be distributed (unless disposed of by will) among the next of kin according to the Statutes of Distributions.
Chattels personal are such things as belong immediately to the person of the owner, and for which, if they are injuriously withheld from him, he has no remedy other than by a personal action.
A chattelmortgage, in United States law, is a transfer of personal property as security for a debt or obligation in such form that the title to the property will pass to the mortgagee upon the failure of the mortgagor to comply with the terms of the contract.
Share your thoughts, questions and commentary here
Want to know more? Search encyclopedia, statistics and forums:
Press Releases |
The Wikipedia article included on this page is licensed under the
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m