Personal Estate in UK Law

In this Topic
Leading Cases
  • Elitestone Ltd v Morris and Another
    • House of Lords
    • 01 Mayo 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 Abril 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 Marzo 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 Mayo 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 Enero 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
    • 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 ......
  • 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 ......
  • Administration of Estates Act 1925
    • UK Non-devolved
    • 1 de Enero de 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. . ......
  • Peter Thellusson estate: directing trustees of his will to grant leases, and other provisions Act 1833
    • UK Non-devolved
    • 1 de Enero de 1833
    ......- the Use of Three Trustees therein named, their Heirs and Assigns, upon the Trusts therein-after expressed ; and gave all the Residue of his Personal Estate to the same Trustees, their Executors, Administrators, and Assigns, upon Trust to lay out and invest the same in the Purchase of Lands and ......
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Books & Journal Articles
  • EditorialResponding to referees’ reports: a personal perspective
    • Nbr. 39-6, August 2021
    • Journal of Property Investment & Finance
    • 509
  • The changing nature of real estate research
    • Nbr. 40-3, March 2022
    • Journal of Property Investment & Finance
    • 278-283
    Purpose: With the Journal of Property Investment and Finance (JPIF) being 40 years old, this paper reflects on the changes in real estate research over the last 40 years, the drivers behind these c...
  • The need for more research on the Asian real estate markets
    • Nbr. 39-1, September 2020
    • Journal of Property Investment & Finance
    • 3-8
    Purpose: The Asian real estate markets have grown considerably in recent years and have taken on increased investment importance, particularly with significant developments in the emerging markets ...
    ....../methodology/approach –This research is based on a thorough understanding of the Asian realestate markets, based on my own research agenda, personal interactions, insights and extensive discussionswith real estate leaders in the Asian markets. This is supported by a clear understanding of the real ......
  • Book Review: Latin America and Caribbean: The Unwritten Alliance
    • Nbr. 22-1, March 1967
    • International Journal
    ...... lucidly shows how he converted it into his own personal estate through political and economic manipulation. A vain man, ......
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Forms
  • Chapter TSEM6324
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... the minor dies before becoming an adult, the property goes to his personal representatives. It forms part of his personal estate. ......
  • Chapter IHTM24152
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ...... not charged on any property should be deducted primarily against personal property not qualifying for agricultural relief. Accordingly, to calculate ... the personal estate is not sufficient to meet the liabilities not charged on any property, or. ......
  • Writ of sequestration (rule 81.20(1) and rule 81.27)
    • HM Courts & Tribunals Service court and tribunal forms
    Queen's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ...... (1) to enter upon and take possession of all the real and personal estate of the defendant (name),. . . (2) to collect, receive and ......
  • Chapter IHTM09756
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ......To qualify for relief the sale must be by the deceased’s personal representatives or by persons in whom the property (IHTM04030) vested ...Where the property forms part of the deceased’s personal estate at death, this condition is likely to exclude any sale by a beneficiary ......
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