Written by attorneys · grounded in primary & secondary sources — see below
A tangible physical object capable of being moved from place to place without destroying its identity or the land to which it may be attached.
Sources & Authorities
How it applies
Common Examples
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Choice of Law for Sculpture Sale
Marcus Mitchell, a collector in State X, agrees to sell three large metal sculptures bolted to a plaza in State Y to Momentum Capital. The sculptures can be detached without damaging the land. When a dispute arises over title, the court evaluates the most significant relationship under the choice-of-law factors, treating the sculptures as movable things whose transfer is governed by the local law of the state with the closest connection to the parties and the items.
Local Law for Chattel Transfer
Megan Moore sells a fleet of electric vehicles stored in State A to Matrix Technologies under a contract formed in State B. The vehicles are identified to the contract. The court applies the local law of the state with the most significant relationship to the vehicles and parties rather than the full choice-of-law rules of another state, because the items are movable things whose transfer between the parties is governed by local rules.
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Restatements
Dictionaries
Succession to Movable Property
After a Louisiana resident dies, his children dispute the distribution of cash and personal belongings located in multiple states. The court classifies the cash and belongings as movable things whose succession is determined under the law selected by the applicable choice-of-law rules for movables rather than the stricter rules that would apply to land.
Labine v. Vincent401 U.S. 532 (1971)
Polygamous Marriage and Movables
A man domiciled abroad with two wives dies while temporarily in California, leaving personal property there. The court recognizes the foreign marriage for purposes of distributing the movable things, applying the law of the decedent's domicile to the succession of those items rather than treating them under local immovable rules.
In re Dalip Singh Bir’s Estate83 Cal.App.2d 256, 188 P.2d 499 (1948)
Common questions
Frequently Asked
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How does a movable thing differ from an immovable thing?+
A movable thing is a tangible physical object that can be relocated without destroying its identity or the land. An immovable thing consists of land and items permanently attached to it. The distinction determines which choice-of-law rules apply and whether UCC sales rules govern the transaction.
Supporting sources
When are attached items still treated as movable things under sales law?+
Items attached to real property remain movable things if they can be detached without substantial damage and are identified to the contract as separate items. Kitchen appliances and sculptures bolted to a base qualify once the parties treat them as distinct from the land.
Supporting sources
Do future goods qualify as movable things?+
Future goods are movable things once they come into existence and are identified to the contract. A present agreement to sell them operates only as a contract to sell rather than an immediate transfer of ownership.
Supporting sources
Why does the classification of a thing as movable matter in multistate disputes?+
Classification determines whether the reference is to the law or local law of the state with the most significant relationship. Movables often receive local-law treatment between the parties, while immovables trigger the full law of the situs including its choice-of-law rules.
Supporting sources
83 Cal. App. 2d 256, 188 P.2d 499 (1948)Family Law
…the civil status of wives in China and must be so recognized in Canada in all matters of succession to property in respect to movables. In 48 Law Quarterly Review 341 (Oxford, 1932), will be found an exhaustive treatise on the subject in which both English and United States decisions are cited. There at page 348 it is…