Also known as: res mobilis · res mobile · movables · movable property
Written by attorneys · grounded in primary & secondary sources — see below
Movable personal property whose location can be changed, including things growing on or affixed to land and documents even when the rights they represent lack a physical location. Immovable property comprises all other property.
Ryan Roberts, an assistant manager at Riverfront Developments, secretly under-rings several high-value tools for a friend and later splits the resale proceeds. The tools qualify as res mobiles because their location can be changed and they remain on the company's active inventory. By exceeding his limited discount authority, Ryan exercises unlawful control over the movable property with purpose to deprive the owner.
Roger Ramirez sells construction equipment located in State B to Roberto Reyes, whose principal contacts are in State A. The equipment constitutes res mobiles because its location can be changed. A court must determine the state with the most significant relationship to the thing and the parties when deciding ownership interests in the movable property.
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Ravi Reddy discovers an intruder loading his portable generators onto a truck. The generators are res mobiles because their location can be changed. Reddy may use reasonable force to prevent the unlawful carrying away of the tangible movable property he believes is in his possession.
Ricardo Rojas defaults on a loan secured by farm machinery situated partly in State A and partly in State C. The machinery qualifies as res mobiles because its location can be changed. Because the two states maintain identical local rules on redemption, the contacts are aggregated and treated as located in a single state.
Rajesh Rao acquires a shipment of power tools from a dealer he knows obtained them unlawfully. The tools are res mobiles because their location can be changed. Rao is guilty of theft if he purposely receives the movable property knowing it has been stolen and does not intend to restore it to the owner.
Riverfront Developments learns that a former tenant has removed portable scaffolding from a leased site. The scaffolding constitutes res mobiles because its location can be changed. The company may use reasonable force to retake the tangible movable property if it acts immediately after the dispossession and believes it remains entitled to possession.
Movable property includes any item 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 distinction from immovable property determines which theft provision applies.
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Due process permits pre-hearing seizure of movable property suspected of being stolen or subject to forfeiture when the items can be quickly removed or dissipated. Prompt post-seizure notice and an opportunity to contest the action must follow.
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When two or more states maintain identical local law rules on an issue involving movable property, the contacts are aggregated and treated as located in a single state for choice-of-law purposes.
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A person commits theft by purposely receiving, retaining, or disposing of movable property knowing or believing it has probably been stolen, unless the purpose is to restore it to the owner. Acquiring possession or control satisfies the receiving element.
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…by fraud, the effect of which will be considered later. A judgment in rem , adjudicating the title to a ship or other movable property within the custody of the court, is treated as valid everywhere. As said by Chief Justice Marshall: “The sentence of a competent court, proceeding in rem , is conclusive with respect to…