Also known as: thing personal · personal things · personal property · personalty · chattels
Written by attorneys · grounded in primary & secondary sources — see below
Movable property consisting of goods and chattels that can be possessed and transported. The category excludes land and fixtures attached to real property.
Theodore Tucker left his portable generator on a construction site overnight. Travis Tate entered the site after hours, loaded the generator into his truck, and drove away intending to keep it. Tate is charged with larceny because the generator qualifies as tangible personal property capable of being taken and carried away.
Tabitha Taylor's valuable antique clock fell onto Timothy Tang's adjacent property during a storm. Taylor entered Tang's land to retrieve the clock after it became clear the item would suffer serious damage if left exposed. Her entry is privileged because it was reasonably necessary to protect her chattel.
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True North Logistics owned several delivery vans that federal agents seized without prior notice under a forfeiture statute. The company later received a hearing to contest the seizure. The government action is permitted because personal property can be quickly removed or hidden, allowing seizure before a hearing when circumstances justify it.
Thunderbolt Motors granted a security interest to a lender using a financing statement that described the collateral simply as all the debtor's personal property. The description fails to reasonably identify the collateral, so the security interest is not perfected against third parties.
Tiana Tan agreed to transfer ownership of a specific collection of rare books to Theo Thomas. Thomas later manifested assent to discharge Tan's duty to make the transfer. The duty is discharged without consideration because the obligee assented to release the obligation regarding the identified personal property.
After the death of Trailblazer Airlines' founder, the personal representative took control of the decedent's collection of vintage aircraft models. The representative may retain possession of the tangible personal property when necessary for administration even though the items could have been left with presumptive heirs.
Things personal are movable items capable of being possessed and having value. 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, a later wrongful taking can constitute larceny.
No. A description of collateral as all the debtor's personal property or using similar words does not reasonably identify the collateral. More specific identification is required for the security interest to attach and be perfected.
The personal representative has the right and duty to take possession or control of the decedent's property. Tangible personal property may be left with a presumptive heir unless the representative determines that possession is necessary for administration.
Because personal property can be quickly removed, hidden, or destroyed, the government may seize it prior to a hearing when circumstances justify the action, subject to later procedural safeguards.
…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…