Also known as: movables · movable property
Written by attorneys · grounded in primary & secondary sources — see below
Property the location of which can be changed, including things growing on, affixed to, or found in land and documents even when the rights they represent lack physical location. Immovable property comprises all other property.
Monica directed workers to haul seed and fertilizer from Star Rural's warehouse to her own storage facility. She later resold the supplies to local farmers at a markup. The supplies qualify as movable property because their location can be changed, supporting a charge that Monica exercised unlawful control over property of another with purpose to deprive the owner.
Kenneth contracted to sell his current shrimp and tilapia stock plus expected hatchlings to a buyer. The parties identified the stock at the time of contracting. The stock qualifies as goods because it consists of things movable at identification, allowing the contract to proceed under Article 2 rules for existing identified goods.
Select any source to read its text and confirm it supports the definition.
River Ocean purchased excavation equipment in State A and later moved it to a project site in State B. When a dispute arose over ownership interests, the court evaluated contacts with each state. The equipment's status as movable property meant the court applied the local law of the state with the most significant relationship rather than the law of the situs.
Marcus Mitchell saw a stranger loading his portable generators onto a truck at his construction yard. Believing the generators were in his possession, Marcus used reasonable force to stop the loading. The generators constitute tangible movable property, permitting the use of force to prevent their unlawful carrying away.
Meridian Motors granted a lender a security interest in its fleet of delivery trucks. The security interest attached while the trucks remained in the dealer's lot. The trucks qualify as goods because they are movable when the security interest attaches, bringing them within the lender's perfected collateral.
After Malcolm McKinley's death, his heirs sought distribution of his collection of antique tools stored across two states. The tools had been acquired in State A but were physically located in State B at death. Because the tools are movables, the court applied the local law of the state with the most significant relationship to the property and parties rather than the law of the situs.
Movable property is property whose location can be changed. A person commits theft by unlawfully taking or exercising control over such property with purpose to deprive the owner. The definition therefore determines whether the object taken falls within the theft statute rather than the separate rule for immovable property.
Goods are all things movable at the time of identification to the contract for sale. The timing of movability fixes the classification even if the items later become affixed to realty. Unborn young of animals and growing crops receive explicit inclusion when identified.
For movables the court applies the local law of the state with the most significant relationship to the thing and the parties. For immovables the reference is to the law of the situs, including its choice-of-law rules. The distinction therefore determines whether the forum applies its own choice-of-law rules or those of the selected state.
Due process permits seizure of movable personal property before a hearing when the items can be quickly removed or dissipated and adequate post-seizure process follows. Courts distinguish movable items from real property, which ordinarily requires pre-deprivation notice. The risk of loss or concealment supplies the justification for immediate action.
…Aetna v. United States , 444 U. S. 164, 176 (1979). Petitioner can picnic, swim, camp in a tent, or live on the property in a movable trailer. State courts frequently have recognized that land has economic value where the only residual economic uses are recreation or camping. See, e. g. , Turnpike Realty Co. v.…