Personal Estate in UK Law

In this Topic
Leading Cases
  • Elitestone Ltd v Morris and Another
    • House of Lords
    • 01 May 1997

    In the case of the house the answer is as much a matter of common sense as precise analysis. A house which is constructed in such a way so as to be removable, whether as a unit, or in sections, may well remain a chattel, even though it is connected temporarily to mains services such as water and electricity. But a house which is constructed in such a way that it cannot be removed at all, save by destruction, cannot have been intended to remain as a chattel.

    It is important to observe that intention in this context is to be assessed objectively and not subjectively. Indeed it may be that the use of the word intention is misleading. It is the purpose which the object is serving which has to be regarded, not the purpose of the person who put it there. The question is whether the object is designed for the use or enjoyment of the land or for the more complete or convenient use or enjoyment of the thing itself.

    If it was designed and constructed in a way that would enable it to be taken down and rebuilt elsewhere, that might well point to the possibility that it still retained its character of a chattel. That the integrity of this chalet depends upon it remaining where it is provides that element of permanence which points to its having acceded to the ground.

  • Chelsea Yacht and Boat Club Ltd v Pope
    • Court of Appeal (Civil Division)
    • 06 Apr 2000

    Turning firstly to the degree of annexure it is important to bear in mind that what is required is sufficient attachment to the land so that the chattel becomes part of the land itself. Here the houseboat rested periodically on the river bed below it and was secured by ropes and perhaps to an extent the services to other structures.

  • Your Response Ltd v Datateam Business Media Ltd
    • Court of Appeal (Civil Division)
    • 14 Mar 2014

    Whilst the physical medium and the rights are treated as property, the information itself has never been. If Mr. Cogley were right that the database could be possessed and could be the subject of a lien and that its possession could be withheld until payment and released or transferred upon payment, one would be coming close to treating information as property.

  • Trendtex Trading Corporation v Credit Suisse
    • Court of Appeal (Civil Division)
    • 02 May 1980

    There is, I think, a clear requirement of public policy that officers of the court should be inhibited from putting themselves in a position where their own interests may conflict with their duties to the court by the agreement, for instance, of so-called "contingency fees"; and there may well be valid reasons why personal rights of action for tortious damage should not, in general, be the subject matter of assignment or partition.

  • Marbienes Compania Naviera S.A. v Ferrostaal A.G. (Democritos)
    • Court of Appeal (Civil Division)
    • 14 Jan 1976

    Mr. Pollock referred to several voyage charters in whichthere was an "estimated time of arrival". It has "been always held that the estimated date has to "be given honestly and on reasonable grounds and that he has to sail from his last port on his approach voyage so as to get there in time. But those cases have no application to a charter such as this, where there is no promise at all to deliver by a certain date, but only an option to cancel if it is not so delivered.

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Legislation
  • Wills Act 1837
    • UK Non-devolved
    • January 01, 1837
    ...... , and to any other Testamentary Disposition; and the Words ‘Real Estate’ shall extend to Manors, Advowsons,  Messuages , Lands, Tithes, Rents, ..., or of any other Tenure, and whether corporeal, incorporeal, or personal, and to any undivided Share thereof, and to any Estate, Right, or Interest ......
  • Court of Probate Act 1857
    • UK Non-devolved
    • January 01, 1857
    ......, and in relation. to the Personal Estate in all Parts of England . of deceased Persons, as the Prerogative ......
  • Administration of Estates Act 1925
    • UK Non-devolved
    • January 01, 1925
    ......as follows:— . I . Devolution of Real Estate. Part I. . Devolution of Real Estate. . S-1 . Devolution of real estate on personal representative. 1 Devolution of real estate on personal representative. . (1) Real estate to which a deceased person. was entitled for an interest ......
  • Charitable Uses Act 1735
    • UK Non-devolved
    • January 01, 1735
    ......, Stocks in the publick Funds, Securities for Money, or any other Personal Estatewhatsoever, to be laid out or disposed of in the Purchase of any ......
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Books & Journal Articles
  • Book Review: Latin America and Caribbean: The Unwritten Alliance
    • Nbr. 22-1, March 1967
    • International Journal
    ...... The personality and motivation of this obviously commanding figure remain vague. ... shows how he converted it into his own personal estate through political and economic manipulation. A vain man, Trujillo ......
  • Book Review: Latin America and Caribbean: Trujillo
    • Nbr. 22-1, March 1967
    • International Journal
    ...... The personality and motivation of this obviously commanding figure remain vague. ... shows how he converted it into his own personal estate through political and economic manipulation. A vain man, Trujillo ......
  • Market value, fair value, and duress
    • Nbr. 29-4/5, July 2011
    • Journal of Property Investment & Finance
    • 428-447
    Purpose: This paper seeks to consider a significant market misconception and related errors commonly made by valuers, financial decision makers, and other users of valuation services. Its purpose i...
    ...... used as foundations for illustrating how prices, such as forreal estate, vary with cycles, but are not always directly indicative of either market ... accordance with that definition – not as it isinterpreted for personal gain or for any other interpretations of convenience, misunderstanding, ......
  • THE VALIDATION OF VOID MARRIAGES
    • Nbr. 31-6, November 1968
    • The Modern Law Review
    ...... Act only applied in the case of infants who had real estate of the value of El00 per annum or personal estate of the ......
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Law Firm Commentaries
  • Personal Security - Real Estate
    • Mondaq United Kingdom
  • Vauxhall relieved to get back its bargain licence
    • JD Supra United Kingdom
    Manchester Ship Canal Co Ltd v Vauxhall Motors Ltd (formerly General Motors UK Ltd) 2019 - The Supreme Court considered whether, and in what circumstances, relief from forfeiture can be...
    ......In the context of personal property (property which is not land), case law showed that equitable ......
  • Losing Mental Capacity: Protecting Your Finances And Personal Affairs (Video)
    • Mondaq UK
    ......without appropriate measures in place. In this video, our elder law. specialists from our trust, estate and inheritance disputes team. explain the steps you can take now, whilst you have capacity, to. protect your finances and personal affairs. The ......
  • Update on Data Breach Class Actions
    • LexBlog United Kingdom
    By the Data Security & Privacy Team While an ocean away, supermarket Morrisons’ loss in the United Kingdom’s appellate court should act as a warning to all United States-based and international...
    ...... that lead to the leak of more than 100,000 of its employees’ personal information. This decision came down despite Morrisons’ demonstration ......
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