Types of Property

• Two main types of property:

  1. Real Property
  2. Personal property
• Moveable Property

  • All other property that exists which is moveable.
• Immoveable Property

  • All property that is unable to be moved which includes all land.
• The distinction between types of property in England and Wales is one of real and personal property.
• The key distinction between real and personal property in England and Wales is the ability of property rights to bind third parties.
• Real property such as land is capable of binding third parties.
• Personal property such as goods and chattels are not real property and therefore their property rights cannot bind third parties.
• Leases are a key exception to this distinction.
• A lease is a right involving land however it is described as personal property.

  • This is because historically, a lease was viewed as a contractual obligation between a landlord and tenant rather than a right against the land itself.
  • Therefore it is an interest in land which is personal property.