![]() This is the law which determines which country’s rules apply where there are cross-border elements in a contract or transaction. The distinction between movable and immovable property is important in the context of private international law. True heirlooms are an extremely narrow category and very rarely found. Much of what is commonly labelled an “heirloom” is not a true heirloom in the legal sense. Heirlooms transfer with the property to the heir at law by special custom. ![]() They are deemed annexed by law or by custom, to the land. Whether or not something is a fixture and part of the land depends on the extent to which it is affixed, the nature of the thing concerned and the intention with which it is affixed.Ĭertain movable items are deemed real property, because of their close association with the land. Its separate ownership is lost, and it passes into the land so that it is thereby owned by the landowner. Where something is attached to the land permanently with the requisite intention, it becomes a fixture and a part of the land. Important consequences follow from the distinction between real (immovable) property (land and buildings) land and personal / movable property (goods). Real / Immovable v Personal / Movable Property II (See the separate section on the sale of goods). The Sale of Goods Act comprises a detailed code, dealing with the transfer and sale of goods. Goods are tangible movable “personal” property. In contrast, personal or movable property is usually transferred by delivery. Real / immovable property generally requires transfer by a formal deed, which is a document executed in a formal fashion. Goods become part of the land or a “fixture” when they are physically attached to the land with the intention that they should become a permanent part of it. Real property means land, buildings, and other things fixed to that land. The rules in relation to personal or movable property are distinct from those relating to real property. Personal or movable property refers to goods and other non-fixed property. ![]() This distinction and classification is almost irrelevant in modern times. Real property referred principally to freehold land, while personal property referred to all other interests, including leasehold interests and movables. Until the 1950s, different rules applied to the transfer of real property and personal property on death. Traditionally, the law distinguished between real and personal property. Real / Immovable v Personal / Movable Property I
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