In law, property refers to legally protected interests in things – both tangible and intangible – that a person or entity can own, use, or transfer. Broadly, property divides into real (immovable) and personal (movable) categories. Real property (also called real estate or immovable property) consists of land and anything permanently attached to land (e.g. buildings, minerals, fixtures). Personal property includes all other property not fixed to land: tangible goods (like vehicles or furniture) and intangible rights (like debts, shares, or intellectual property). This basic property classification – sometimes phrased as “immovable vs movable” property (common in Nigeria and other Commonwealth countries) or “real vs personal” (UK/US) – underpins many legal rules worldwide. Below we examine these categories with examples and legal implications in Nigeria, the UK, and the USA.

Real Property (Immovable Property)

Real property is land and things “affixed to the soil”. In England & Wales, for example, UK law treats land, buildings, and fixtures as part of the realty. By statute, conveyances of land pass all fixtures; a classic fixture is a building, which by default is part of the land itself. Similarly, US law defines real property as land and items immovable by law (e.g. houses, fences, even bridges). In Nigeria, immovable (real) property likewise means land and everything permanently attached, such as buildings and structural fixtures. Nigerian courts and the 1999 Constitution emphasize that citizens have a right to acquire and own immovable property (Section 43). (However, under the Land Use Act all land is vested in state governors, making private ownership effectively a government-granted right of occupancy.)

Real property generally requires formal deeds and registration. In Nigeria and the UK, land transactions are typically registered at state or national land registries; in the US, deeds are recorded at county offices. Real property also often incurs specific taxes (e.g. land or property taxes) and is subject to special rules on inheritance, mortgages, and estate planning. For example, in the UK a homeowner pays Stamp Duty Land Tax on conveyance, while US homeowners pay local property taxes on real estate.

Personal Property (Movable Property)

Personal property (also called movable property in Nigeria/Scotland or chattels in England) includes everything that is not land or permanently attached to land. It has two main subcategories:

• Tangible personal property – physical, movable items. Examples: cars, jewelry, furniture, machinery, livestock, books. In Nigerian law these are simply “moveable property”. In UK/US terms they are chattels.
• Intangible personal property – non-physical rights or interests (choses in action). Examples: debts owed, bank accounts, stocks/shares, bonds, rights under a contract, copyrights, patents, trademarks. These are often called choses in action. For instance, Nigerian law defines choses in action as personal rights enforceable only by legal action (not by physical possession). Typical examples are debts, insurance policies, shares, patent rights, and royalties. By statute and case law, Nigerian courts treat such incorporeal rights as “property” under the Constitution. In the UK and US the same distinction exists: any property not “real” is personal property.

Fixtures: A special subset of personal property is the fixture. A fixture is an item originally personal property that has become attached to land, so it is legally treated as part of the real property.

For example, a built-in kitchen sink or a mounted light fixture is considered part of the house (real property) once installed. The key test is the degree and purpose of annexation: if an item is affixed to improve the land, it becomes a fixture (e.g. installed cabinetry, plumbing, or a furnace) and passes with the land on sale. If instead it was intended to serve the chattel itself (e.g. a free-standing stove merely sitting on the floor), it remains personal property. Disputes over fixtures commonly arise in leases and sales; typically, the party who affixes the item may remove it before tenancy ends unless it was intended as a permanent improvement.

Intellectual Property: Though not always grouped with traditional “property,” intellectual property (IP) rights are intangible property interests protected by law. Copyrights, patents, trademarks, and trade secrets are legal creations of the intellect. They are categorized as personal property (intangible) for most legal purposes. For example, Nigerian law protects intellectual works under statutes: the Copyright Act, Patents & Designs Act, and Trademarks Act govern these intangible rights. Similarly, in the UK the Copyright, Designs and Patents Act 1988 (and others) secures these rights, and in the US the Constitution expressly authorizes Congress to grant patents and copyrights. In practical terms, IP is treated like other personal property in transactions and disputes (e.g. it can be licensed, assigned, bequeathed, or seized under a security interest).

Examples by Jurisdiction

• Nigeria: Nigerian law traditionally uses the terms “immovable” (land and buildings) vs “moveable” (personal) property. Section 43 of the 1999 Constitution affirms a citizen’s right to acquire immovable property anywhere in Nigeria. Section 44 extends protection to movable property, prohibiting compulsory acquisition without compensation and due process. Under the Land Use Act (1978), all land is vested in state governments, so private rights are held as statutory rights of occupancy. In practice, real estate deals require the Governor’s consent; any land transaction without it is void (e.g. Savannah Bank v. Ajilo, where a lease without consent was nullified). Personal property (vehicles, equipment, livestock, etc.) is owned outright, though Nigerian law also regulates security over movables (e.g. the Bills of Sale Act, PPSA). Intangibles like shares or debts are protected as property; for instance, the Supreme Court has held that legal costs or a debt owed constitute property. Nigeria does not have an inheritance tax – instead, heirs pay probate fees and stamp duties on transfers, and capital gains tax may apply if inherited assets (like land) are sold.
• United Kingdom: English law divides property into realty and personalty. Real property comprises land, buildings, and legal estates therein (fee simple, leaseholds, easements, etc.). The UK has a central Land Registry (governed by the Land Registration Act 2002) that records title to registered land; unregistered land (less common) passes by deed. Fixtures on property pass with the land by operation of Law of Property Act 1925 (e.g. LPA s.62). Personal property (chattels) includes goods, money, and intangibles (choses in action). Scottish law uses different terms: “heritable” for real property, “moveable” for personal property. Transactionally, real estate transfers require conveyances and stamp duties, while personal property sales need only bills of sale or contracts. The UK imposes Inheritance Tax at 40% on estates above the £325,000 threshold (with a higher threshold for passing a home to children). By contrast, routine “personal” assets like furniture or vehicles are subject to little or no annual tax (apart from vehicle excise duty). Land is often also subject to business rates or council tax, whereas personal goods usually are not taxed as property.
• United States: US law likewise distinguishes real property (land and attachments) from personal property (movables and intangibles). Each state has its own conveyancing system (typically county recorders register deeds). A noteworthy rule is that fixtures affixed to land become part of the realty unless removed promptly – similar to UK law. Personal property (automobiles, furniture, stocks, etc.) is dealt with under Article 9 of the Uniform Commercial Code for secured transactions, and ownership passes by sales contracts. U.S. federal law grants IP rights (patents, copyrights) as property. Taxation reflects this split: local governments levy real estate property taxes on land/structures, while personal property tax is rare (some states tax vehicles). Federally, the U.S. imposes an estate tax (40% rate) only on very large inheritances (the exemption is roughly $14 million per person in 2025). Thirteen states and DC impose their own estate or inheritance taxes as well. Importantly, under conflict-of-laws rules, immovable property is governed by the law of its location (lex situs) and movables by the owner’s domicile.

Legal Implications

Taxation: Real property generally attracts specific taxes. In Nigeria, state governments collect annual land use and tenement rates, plus fees on conveyance (e.g. governor’s consent and registration fees, roughly 3% of value in Lagos). Stamp duties also apply to property documents (agreements, conveyances). In the UK, homeowners pay council tax (and stamp duty on purchase) and landlords/businesses pay business rates on real estate; the UK’s inheritance/capital gains regimes heavily tax transfers of real estate. In the US, local real property taxes fund schools and services, and federal capital gains tax applies to profit on sale. Personal property taxes are much less common: Nigeria and most US states tax vehicles but not ordinary household goods. Neither UK nor Nigeria currently tax personal belongings annually. Inheritance taxes differ sharply: the UK levies a 40% Inheritance Tax on estates above £325k; the US has a high federal estate tax exemption; Nigeria has no explicit inheritance tax (wealth transfers are instead subject to probate fees, CGT on sale of assets, and stamp duties).

Transfer and Registration: Transfers of real property usually require formalities: deeds, delivery, and registration. In all three countries, land conveyances are recorded in government registries. For example, in Nigeria a conveyance of a right of occupancy must be lodged at the state lands registry, and any assignment without state consent is void. By contrast, most personal property moves by simple sale or gift with minimal formality. Motor vehicles and boats often require registration (e.g. driver vehicle licences; ship registries), and intellectual property transfers typically require statutory assignment documents or recordals. Mortgages on land differ from security over movables: a mortgage deed must be lodged in a land registry, whereas chattel loans may be secured by bills of sale or UCC-1 filings.

Inheritance/Succession: On death, real and personal property follow different rules. By default, real property passes under the inheritance laws of the location of the land (lex situs), whereas personal property follows the decedent’s domicile. Wills usually mention devises of real estate separately from bequests of personal items. In trusts and estates, statutes may treat land trusts differently (e.g. UK’s Trusts of Land and Appointment of Trustees Act 1996). In litigation, remedies also differ: a wrongful entry on land is “trespass to land” (recovering the land itself) whereas wrongful interference with goods is “conversion” or “trover” (monetary damages).

Wills and Trusts: In estate planning, real and personal property are handled in distinct clauses: a testator might devise real estate to an heir and bequeath personal effects to others. Trust instruments likewise distinguish trusts of land (which may trigger separate rules on sale/beneficiary rights) from trusts of personalty. For example, UK law caps the time a trust can last for personal property (125 years) versus land (originally 80 years under the old Perpetuities Act). Disputes often turn on classification: e.g. if a tenant removes a chandelier, was it a trade fixture (personal to tenant) or a permanent fixture (landlord’s property)? Such disputes hinge on the real vs personal property test.

Key Takeaways

• Property in law includes both physical things and legal rights over things. Recognizing real vs personal property is essential: real property (immovable) means land and attachments, while personal property (movable) covers goods and intangibles.
• Subcategories: Personal property divides into tangible (chattels) and intangible (choses in action). Fixtures are a bridge: originally personal items (e.g. a building) that have “acceded to the realty” when fixed. Intellectual property rights are intangible personal property governed by special statutes.
• Jurisdictional differences: Nigeria follows a moveable/immovable scheme and has a unique Land Use regime. UK/US use real/personal categories with broadly similar definitions. Conflict-of-laws and registration practices vary (e.g. Scots “heritable vs moveable”).
• Legal effects: Real property typically requires formal conveyance and registration and is taxed (and inherited) differently from personal property. Transfers of land often need government consents (e.g. Nigerian governor’s consent) and attract stamp duties; personal property usually transfers by simple contract. In disputes, remedies on land and goods follow separate legal doctrines (trespass vs conversion).