Also known as: movable estates · movables · personal property
Written by attorneys · grounded in primary & secondary sources — see below
Personal property consisting of chattels or other assets that can be moved from place to place or that consist of rights or interests capable of transfer, as distinguished from land and its fixtures.
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Miguel Mendoza boards a fishing trawler at night and removes the vessel's GPS unit and radar system. He loads the devices into his truck and drives away intending never to return them. Because the items are tangible personal property capable of being carried away, the taking satisfies the trespassory element of larceny.
Melanie Morris operates a trucking company whose tractor-trailers are seized by federal agents under a forfeiture statute for alleged contraband transport. The vehicles are movable personal property that can be driven away or hidden if notice is given first. Agents may therefore seize them immediately provided prompt post-seizure procedures follow.
Mariam Mansour grants a security interest to Metro Bank. The financing statement describes the collateral merely as all of her personal property. Because a blanket reference to all personal property fails to identify specific assets, the description does not reasonably identify the collateral under the UCC.
Miranda Morales holds identified personal property that she promised to deliver to Mustafa Mahmoud. Mahmoud later tells Morales he no longer wants the items and releases her from the obligation. The duty to transfer the movable estate is discharged without consideration once the release is manifested.
Marco Marquez dies leaving both real estate and a collection of valuable paintings. The personal representative decides the paintings must be inventoried and protected during administration. The representative therefore takes possession of the movable estate even though the will does not expressly direct that step.
Morgan Financial's board authorizes the purchase of a fleet of delivery vans and warehouse equipment from another company. The corporate powers statute expressly permits the corporation to acquire and hold such movable estate wherever located, allowing the transaction to proceed without further charter amendment.
Movable estate consists of tangible personal property that can be possessed and carried away. Real property and its fixtures cannot be the subject of larceny at common law. Once severed material is reduced to the landowner's possession as personalty, however, a later wrongful taking can constitute larceny.
Yes. Because personal property can be quickly removed, hidden, or destroyed, due process permits pre-seizure seizure when justified by the circumstances, provided adequate post-seizure safeguards are later supplied.
…decision, as I shall endeavor to show, are these: — 1. A sovereign State must necessarily have such control over the real and personal property actually being within its limits, as that it may subject the same to the payment of debts justly due to its citizens. 2. This result is not altered by the circumstance that the owner of…
…every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.”[^maj-9] This Court has given specific recognition to the same principle. Buchanan v. Warley , 245 U.S. 60 (1917). It is likewise clear that restrictions on the right of occupancy of…
…$1,000 ceiling only to the extent that they do not exceed $500. These expenses are expressly limited to (1) "the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary
…writers, observed that "[j]ust as a man may commit felony by slaying another so may he do so by slaying himself." The real and personal property of one who killed himself to avoid conviction and punishment for a crime were forfeit to the King; however, thought Bracton, "if a man slays himself in weariness of life or because he is…
…damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce shall be imprisoned for not less than 5 years and not more than 20 years, fined under this…
No. A description of collateral as all the debtor's assets or all the debtor's personal property does not reasonably identify the collateral under UCC § 9-108(c).
A duty of an obligor in possession of identified personal property to transfer an interest in that property is discharged without consideration if the obligee manifests assent to the discharge.
Every personal representative has the right and duty to take possession or control of the decedent's personal property except when the will provides otherwise or when the property may safely remain with the presumptively entitled person.
A corporation may purchase, receive, lease, or otherwise acquire and own, hold, improve, use, and otherwise deal with real or personal property or any legal or equitable interest in property wherever located.