CHATTEL (OF. (glutei, eatc/, Sled. Lat. cap tate, capitate, property, from Eat. caput, head). A term nearly, though not quite, coextensive with the term personal property property which passes to the executor or ad ministrator, as distinguished front real prop erty, which is inheritable and passes to the heir. By chattel is meant that species of personal property which is capable of physical delivery and Thus. ehoses in possession are chattels. but closes in aet ion (q.v.). although personal property, are not chattels in the tech nical sense.
Chattels are classified as chatte/s real and chattels personal. A chattel real is any interest or property in land less than a f ree110111. As opposed to freeholds, chattels real arc regarded as personal property: but. as being interests in real property, they are called chattels real, to distinguish them from other chattels, which are called chattels personal.
Certain objects which are a part of the real estate may become chattels upon being severed front the real estate--as, for example, timber which has been cut, or ore which been mined and removed from the land; and certain other objects which are still attached to and form a part of real property—as, for example. griuving annual crops or emblements (q.v.)—are for some purposes regarded as chattels. On the other hand, in general, chattels which become attached to the land or are used as a part of the real estate lose their character as chattels, and become real estate. Thus, the materials used
in constructing a house or other structure form ing a part of the real estate are real estate. Cer tain chattels, however. affixed to the real estate, but capable of removal—as, for example, ma •hinery, articles of furniture. ete.—retain their eharacter as chattels for some purposes, while for others they are deemed to he real estate, Chattels of the Church are known as fixtures (q.v.).
At common law title to chattels personal in existence could be transferred by mere agree ment (see SA I.F.s except in case of gift, when delivery of the chattel was required in order to a title upon the grantee. (See, also, FaAtos. ST VTUTE Or. as affecting the sale of chattels.) The various of the laNv of are speeifieally treated under the vari ous titles relating to them, such as SALES; CivExr Emeroa; TITLE; REPLEVIN; CON VER etc., and the authorities mentioned under those titles, as well as under PERSONAL l'aor F,ary, may be consulted for a fuller statement of the law. For the early law as to ownership of chattels in England, consult, Pollock and I a it land. History of English Law (1;a4on.