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Chattels Real

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

Such chattels as concern, are annexed to, or savor of the realty; as terms for years of land, and mortgages; and, in English law, next presentations to a church, estates by statute merchant, statute staple, elegit, &c.

2 Bl. Com. 386. Co. Litt. 118 b. 1 Steph. Com. 262, 263. 2 Kent's Com. 342. 1 Crabb's Real Prop. 5 et seq.

They are so called, as being interests issuing out of, or annexed to real estates, of which they have one quality, viz., immobility, which denominates them real, but want the other, viz., a sufficient legal indeterminate duration; and this want it is that constitutes them chattels.

2 Bl. Com. 386.

They are otherwise denominated estates less than freehold.

1 Steph. Com. 262.

Mr. Stephen observes of chattels real that they "are not properly the subjects of property, but rather modifications of property, or species of estates in a certain kind of subjects, viz., in things real. When considered, indeed, in reference to the distinction between real and personal estate, they are held to fall under the latter denomination, their incidents being in general the same with those of property in moveables; but as regards the distinction between things real, and things personal, they appertain to the division of things real."

2 Steph. Com. 66.