Personal Estate in UK Law

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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.

    Accession also involves a degree of permanence, as opposed to some merely temporary provision. This is not simply a matter of counting the years for which the structure has stood where it is, but again of appraising the whole circumstances. The bungalow has been standing on its site for about half a century and has been used for many years as the residence of Mr. Morris and his family.

  • Chelsea Yacht and Boat Club Ltd v Pope
    • Court of Appeal (Civil Division)
    • 06 Abr 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 Ene 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
  • Court of Probate Act 1857
    • UK Non-devolved
    • 1 de Enero de 1857
    ......, and in relation. to the Personal Estate in all Parts of England . of deceased Persons, as the Prerogative ......
  • Limitation Act 1939
    • UK Non-devolved
    • 1 de Enero de 1939
    ...... (3) Where any person brings an action to recover. land, being an estate or interest in possession assured. otherwise than by will to him, or to ...charge on property, whether real or personal, or to. recover proceeds of the sale of land, after the expiration. of ......
  • Wills Act 1837
    • UK Non-devolved
    • 1 de Enero de 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 ......
  • Charitable Uses Act 1735
    • UK Non-devolved
    • 1 de Enero de 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
  • Market value, fair value, and duress
    • Núm. 29-4/5, Julio 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 for real estate, vary with cycles, but are not always directly indicative of either market ... with that definition – not as it is interpreted for personal gain or for any other interpretations of convenience, misunderstanding, or ......
  • THE VALIDATION OF VOID MARRIAGES
    • Núm. 31-6, Noviembre 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 ......
  • Survival of Causes of Action
    • Núm. 2-4, Marzo 1939
    • The Modern Law Review
    ...... of the archaic and inconvenient principle that actio personalis mmitzcr cam persona which, apart from most actions based on ... or vested in him, survive against or for the benefit of his estate. It will be seen that the Act is in the widest terms and ......
  • Environmental preferences of homeowners. Further evidence using the AHP method
    • Núm. 18-4, Agosto 2000
    • Journal of Property Investment & Finance
    • 445-455
    A comparative study of perceptions concerning the environmental quality of residential real estate in Switzerland based on empirical data collected in three different linguistic regions is presente...
    ......, Geneva, Switzerland Keywords Analytical hierarchy process, Real estate, Geographical information systems, Modelling Abstract A comparative study ... responses are categorised in terms of indicators concerning the personal situation of the homeowner. The results show that environmental preference ......
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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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