Define: Chattel Real

Chattel Real
Chattel Real
Quick Summary of Chattel Real

A chattel refers to something that can be easily moved or transferred, such as a physical object that can be carried or delivered. There are two categories of chattel: personal and real. Personal chattel pertains to items owned by an individual, such as a horse or a bow. On the other hand, chattel real refers to something that relies on something else, like a box containing land charters or a lease for a specific period of time. Chattel vegetable refers to a movable object made from plants, such as timber or fruit. Local chattel refers to personal property that is attached to land, like a fixture. Lastly, unique chattel refers to something that is one-of-a-kind and cannot be replaced.

Full Definition Of Chattel Real

Chattel Real is a legal term used to describe property that is movable or transferable, but is not classified as real property. Real property encompasses land and any permanent attachments, such as buildings or trees. In contrast, Chattel Real includes items like leases or rents for a specific duration, or a box containing land deeds. For instance, if someone leases a piece of land for 10 years, that lease is considered Chattel Real because it is a transferable property interest that is less than a freehold or fee. Another example of Chattel Real is a fruit tree growing on a plot of land, as it is not permanently affixed to the land. It is important to note that Chattel Real differs from Chattel Personal, which pertains to tangible goods or intangible rights that are not classified as real property. Examples of Chattel Personal include cars or patents. Overall, Chattel Real is a legal term that aids in distinguishing between various types of property and their legal standing.

Chattel Real FAQ'S

Chattel real refers to a legal term used to describe a type of property interest that is considered personal property but is attached to real property. Examples include leasehold interests, mortgages, and easements.

Chattel real is distinct from real property because it represents a personal property interest that is attached to real property. Real property refers to land and anything permanently attached to it, such as buildings or fixtures.

Yes, chattel real can be bought and sold, just like any other form of personal property. However, the transfer of chattel real may be subject to certain legal requirements or restrictions, depending on the jurisdiction.

Examples of chattel real include a leasehold interest in a property, where a tenant has the right to possess and use the property for a specified period, or a mortgage, where a lender has a security interest in the property until the loan is repaid.

Yes, chattel real can be used as collateral for a loan. For example, a mortgage is a common form of chattel real that serves as security for a loan to purchase real property.

In most cases, chattel real can be inherited. However, the specific rules regarding inheritance of chattel real may vary depending on the jurisdiction and any applicable wills or estate laws.

Yes, chattel real can be leased or rented. For instance, a leasehold interest in a property can be created, allowing a tenant to possess and use the property for a specified period in exchange for rent payments.

Yes, chattel real can be subject to liens or encumbrances. For example, a mortgage creates a lien on the property, giving the lender a security interest until the loan is repaid.

In some cases, chattel real can be converted into real property. This may occur when a leasehold interest is converted into a fee simple interest, granting the tenant full ownership rights to the property.

The transfer of chattel real may be subject to certain legal restrictions, such as the need for written agreements or the requirement to register the transfer with the appropriate authorities. It is important to consult with a legal professional to ensure compliance with applicable laws and regulations.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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