assignment of part of chose in action

Assignment of Choses in Action

Property generally may be realty (real) or personalty (personal). Realty are characterized by geographical fixity(land) while personalty are generally mobile.

Personalty is also classified into tangible/corporeal and intangible/incorporeal. The former is capable of physical handling/possession/manipulation/enjoyment while the latter is incapable of any of these.

Incorporeal property is also called a chose in action which has been defined as a legal expression used to describe all personal rights of property which can only be claimed or enforced by action (in a court) and not by taking physical possession.

A chose generally is a thing capable of being owned. Choses in action may be legal or equitable. Legal choses in action are rights which were enforceable or recoverable only by an action at Common law. This category of choses includes debts, benefits under a contract, insurance policies, copyrights, patents etc.

Equitable choses on the other hand are rights over property which were only enforceable/recoverable/cognizable by the courts of Chancery. It could only be recovered by a suit in Equity and the rights under this category include interests of a beneficiary in a Trust, a legacy/reversionary interest under a will etc.

Choses in action may also be in respect of already existing things/property or things/property to be acquired at a future date but which are not yet in possession. The chose in action may be property in itself and it may also be a propriety right over property.

Assignment is the transfer of something from one person to another such that the assignee obtains rights of a nature that were hitherto exercisable only by the assignor. An assignment of a chose is thus the transfer of a chose in action from the assignor to the assignee such that the assignee obtains and becomes entitled to enjoy rights in respect of that chose, which were hitherto exclusively enjoyed by the assignor.

Assignment may be legal (statutory) or equitable.

Assignment and Novation

An assignment is quite distinct from a novation. Novation is essentially a legal device by which parties to a contract may legally vary/shift their obligations under the contract to third parties. Thus, A can agree with B, his creditor, that C, who owes him money, will pay that debt to B in full satisfaction of his own (A’s) debt.

Novation is however fundamentally different from assignment in three material aspects:

The consent of the parties is sine qua non since the original contract is rescinded by the novation. There must thus be consensus ad idem. There can be no novation otherwise. This is contrary to the case in assignment where there only need be communication to the assignee, his consent and that of the trustee of the liability are immaterial.
The original debt in novation must be totally extinguished under the new arrangement.

There is no such requirement for assignment to be valid.

For novation to be valid, there must be consideration in all cases as it is essentially a new contract. The requirement for consideration in assignment is much more relaxed.

Assignment and Equities

The general rule as regards assignment of choses in action is that an assignee takes, subject to the equities thar already apply to the chose in action (property) in question. Thus, anyone who has an interest (legal or equitable) in an assigned chose is entitled to a higher priority than that of the assignee.

The logic here is based on a recognition that the assignee cannot acquire a better title than that of the assignor. What he essentially gains by virtue of the assignment is a right to continue in the stead of the assignor in respect of that chose and nothing better.

In Re Knapman (1881) 18 Ch. D 300 the beneficiaries of a will brought an action against the executor seeking to revoke the probate. While the matter was in court, these beneficiaries assigned the right under the will to someone else.

Their action subsequently failed in court, the court ruled that the executor had a right to set off the costs of the suit against the estate. As such, since the right to this had already been assigned, the assignee has to settle this cost since he was assigned a property that had a pre-existing liability.

Claims of equities that arise after notice of the assignment has been given to the trustee would not affect the assignee however, except where the claim is very closely related to the original transaction upon which the chose came into existence.

The rule that the assignee takes subject to equities will not apply where the trustee is estopped, either by conduct or deed, from setting up equities against the assignee. It would not also apply where the agreement occasioning the original transaction includes a clause that the assignees of the assignor would take free from all equities.

Historically, assignment of choses in action was largely unrecognized at Common law. There was the fear that allowing such assignment would bring about Maintenance and even cases of Champerty as well as the risk of encouraging a litany of contentious matters on the same res.

Maintenance arises where a person who has no legal interest in a matter provides assistance by money or otherwise to a party to the suit while Champerty marries the foregoing with the prospect of reward out of the possible spoils of the suit.

Thus, no debt could be assigned at Common law unless the debtor specifically agreed to the assignment. The only exceptions allowed by Common law were in respect of choses in action assigned by or to the King and assignment of negotiable instruments in order to promote trade.

Equity has however always recognized the assignment of choses in action, both equitable and legal. It would not however allow the assignment of bare rights without accompanying interest in property. This was to avoid, as in the case of the Common law, situations that encourage Maintenance.

Assignability

Not all choses in action are assignable. The courts would not give effect to such assignments either on grounds of public policy or on account of the nature of the subject matter of the assignment.

Choses in action that are not assignable include:

Salaries of public officials. This is because it is perceived that if allowed to assign their salaries, they may deprive themselves of their means of sustenance and thereby impair the efficiency which is most desirable for the public service.
Alimony is not assignable on much the same grounds as salaries of public officials as the money is meant for the maintenance of the spouse.
Rights arising out of a contract of a personal nature i.e. contracts that require personal service like employment.
Expectancies (future choses) are not assignable at Common law based on the maxim: Nemo dat quod non habet. They are assignable in Equity although, such assignment must be for value.

Equitable Assignment

An equitable assignment is of a flexible nature. This flexibility makes it quite distinct from legal assignments as they do not require all of the formality required under the law. It may be in respect of a legal or equitable chose. Thus, there may be an equitable assignment of an equitable chose or an equitable assignment of a legal chose.

While there is no strict formality required for equitable assignments, certain criteria are instructive as to whether it would be considered valid or not.

For an equitable assignment to be considered as having been effected, there must be a clear intent to assign. While Equity does not require that the assignment be in writing or made in any particular format, there must be a clearly deducible intent to assign on the part of the assignor.

The intent to assign here will be construed from the words used and the particular circumstances of the case. If what is construed is a mere mandate/authority to hold onto certain property, no intent to assign may be ascribed by the court.

The position that Equity does not require writing for equitable assignments has however been affected by S. 9 of the Statute of Frauds and S. 78(1)(c) of the Property and Conveyancing Law which require that the assignment of any equitable interest or trust must be in writing.

The assignment is also required to be communicated to the assignee. Although, the assignee may still take in certain instances even without communication, subject to the right of the assignee to repudiate the transfer when he becomes aware of it.

The particular chose intended to be assigned must be identified. It is insufficient to give a vague representation of what is sought to be assigned. Such vagueness may impair the court’s construction of an intent to assign in such circumstance.

Consideration in equitable assignment depends on the circumstance. Where the assignment is complete in the sense that there is nothing left for the assignor to do to perfect the assignee’s title, there would be no need for consideration.

If it is incomplete though, consideration may be required. Consideration will also be required where the assignment concerns some future chose as the agreement in such instance can only be a contract to assign and all contracts must be backed by consideration.

No consideration is however required for assignment of existing choses.

There is no real requirement for notice of the equitable assignment to be given to the trustee of the liability. Notice is however useful to the extent that it puts the trustee on guard as to the change of rights affecting the chose and may prevent him from settling in favour of the assignor instead of the assignee.

It also makes the trustee liable to the assignee where he settles in favour of the assignor in spite of the notice given to him. Again, while the assignee generally takes subject to any prior equities affecting the chose, giving notice ensures that he would not be affected by any subsequent equities.

Most importantly, notice allows the assignee to establish the priority of his interest in consequence of the rule in DEARLE v HALL.

An equitable assignment of a chose in action has bearing on the manner in which the rights can be enforced in a court of law. The effect here is largely dependent on whether the chose in question is a legal or equitable chose and if the chose was absolutely assigned or not.

Where the assignment concerns a legal chose, the assignee cannot assert his title over the property in his own name. He must join the name of the assignor either as co-plaintiff, where he agrees, or as a defendant. Where the chose is equitable though, the assignee can sue in his own name.

An assignment is absolute when the assignor transfers his whole interest in the chose to the assignee. It is however non-absolute where it is made subject to some condition at the happening of which it would become inoperable or where only a charge is made on the chose, in favour of the assignee.

In this instance, only a part of the assignor’s interest is transferred. The effect of this is that in situations where the transfer was absolute, the assignee would be able to sue in his own name. Where it is not absolute however, he must join the assignor before he can enforce his rights over the chose.

Where the chose is legal though, it is immaterial whether it is absolute or not, the assignee must join the assignor.

Legal Assignment

The Common law rule against assignment of choses in action was only lifted in 1875 and this was via the provision of the Judicature Acts, particularly S. 25(6) . This provision is impari materia with S. 150(1) Property and Conveyancing Law .

The purport of those provisions is that there can be absolute assignments by writing of any debt or other legal thing in action when express notice in writing has been given to the trustee of the liability. Also, it shall be effectual to transfer the legal right to sue in respect of such thing, along with the legal and other remedies in respect of it and the power to give a good discharge for the chose without the assignor’s permission.

The provisions clearly contain ingredients that would make a legal assignment valid and these include the following:

The assignment must be in writing and signed by the assignor.
It must be in respect of some existing debt or other legal thing in action and this includes equitable choses in action.
It must be absolute.
There must be an express notice in writing given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive the debt or claim the thing in action.

The assignment takes effect from the date that notice is given. Failure to give notice at all or failure to give it in writing or failure to even execute the writing in the first place will not invalidate the assignment.

Rather, it becomes an equitable assignment instead of a legal one. Further, there is no requirement for consideration here.

The position at Common law before the Act amended it was that the assignee had no right independent of the assignor’s and was obligated to sue in the assignor’s name if he wanted to enforce his rights over the chose.

The Acts have however changed this and the assignee no longer needs to sue in the name of the assignor. He can sue all by himself.

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Your really hoshmeasures sir thankx

Great work. You are appreciated sir!

Assigning debts and other contractual claims - not as easy as first thought

Updates to UK Money laundering rules - key changes

Harking back to law school, we had a thirst for new black letter law. Section 136 of the Law of the Property Act 1925 kindly obliged. This lays down the conditions which need to be satisfied for an effective legal assignment of a chose in action (such as a debt). We won’t bore you with the detail, but suffice to say that what’s important is that a legal assignment must be in writing and signed by the assignor, must be absolute (i.e. no conditions attached) and crucially that written notice of the assignment must be given to the debtor.

When assigning debts, it’s worth remembering that you can’t legally assign part of a debt – any attempt to do so will take effect as an equitable assignment. The main practical difference between a legal and an equitable assignment is that the assignor will need to be joined in any legal proceedings in relation to the assigned debt (e.g. an attempt to recover that part of the debt).

Recent cases which tell another story

Why bother telling you the above? Aside from our delight in remembering the joys of debating the merits of legal and equitable assignments (ehem), it’s worth revisiting our textbooks in the context of three recent cases. Although at first blush the statutory conditions for a legal assignment seem quite straightforward, attempts to assign contractual claims such as debts continue to throw up legal disputes:

In Sumitomo Mitsui Banking Corp Europe Ltd v Euler Hermes Europe SA (NV) [2019] EWHC 2250 (Comm), the High Court held that a performance bond issued under a construction contract was not effectively assigned despite the surety acknowledging a notice of assignment of the bond. Sadly, the notice of assignment failed to meet the requirements under the bond instrument that the assignee confirm its acceptance of a provision in the bond that required the employer to repay the surety in the event of an overpayment. This case highlights the importance of ensuring any purported assignment meets any conditions stipulated in the underlying documents.
In Promontoria (Henrico) Ltd v Melton [2019] EWHC 2243 (Ch) (26 June 2019) , the High Court held that an assignment of a facility agreement and legal charges was valid, even though the debt assigned had to be identified by considering external evidence. The deed of assignment in question listed the assets subject to assignment, but was illegible to the extent that the debtor’s name could not be deciphered. The court got comfortable that there had been an effective assignment, given the following factors: (i) the lender had notified the borrower of its intention to assign the loan to the assignee; (ii) following the assignment, the lender had made no demand for repayment; (iii) a manager of the assignee had given a statement that the loan had been assigned and the borrower had accepted in evidence that he was aware of the assignment. Fortunately for the assignee, a second notice of assignment - which was invalid because it contained an incorrect date of assignment - did not invalidate the earlier assignment, which was found to be effective. The court took a practical and commercial view of the circumstances, although we recommend ensuring that your assignment documents clearly reflect what the parties intend!
Finally, in Nicoll v Promontoria (Ram 2) Ltd [2019] EWHC 2410 (Ch), the High Court held that a notice of assignment of a debt given to a debtor was valid, even though the effective date of assignment stated in the notice could not be verified by the debtor. The case concerned a debt assigned by the Co-op Bank to Promontoria and a joint notice given by assignor and assignee to the debtor that the debt had been assigned “on and with effect from 29 July 2016”. A subsequent statutory demand served by Promontoria on the debtor for the outstanding sums was disputed on the basis that the notice of assignment was invalid because it contained an incorrect date of assignment. Whilst accepting that the documentation was incapable of verifying with certainty the date of assignment, the Court held that the joint notice clearly showed that both parties had agreed that an assignment had taken place and was valid. This decision suggests that mistakes as to the date of assignment in a notice of assignment may not necessarily be fatal, if it is otherwise clear that the debt has been assigned.

The conclusion from the above? Maybe it’s not quite as easy as first thought to get an assignment right. Make sure you follow all of the conditions for a legal assignment according to the underlying contract and ensure your assignment documentation is clear.

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chose in action

Chose in action: meaning.

A chose in action is:

an intangible property right or property
which is legally not in a person's possession
but is only enforceable by legal process.

The legal process begins with a chose in action and ends with a judgment or court order.

Therefore, a chose in action is a right to sue : a legal right. It's a property right. It's more often referred to as a cause of action .

A person owns a chose in action in the same way as someone owns the device you are using right now.

Choses in action comprise all personal rights of property which cannot be taken by possession of a physical object (ie a chose in possession).

Depending on the cause of action, a person would be:

owed a sum of money (ie a creditor owed a debt), and the debtor must pay the money
entitled to performance of a contract
the owner of intellectual property rights and entitled to sue for infringement
entitled to a licence to use intellectual property rights

In turn, the remedy leads to the entitlement to enforce (aka "enjoy") the legal rights which flow from the chose in action, which is usually one or more of:

an injunction
specific performance

And suppose the debtor, did not pay the sum ordered to be paid, the creditor would be entitled to initiate action to enforce the judgment or order.

For a chose in action to exist, there must be a remedy at common law or equity which recognises the chose.

So, if a remedy does not exist for the alleged chose in action, the chose in action cannot exist.

It's pronounced "ch-oh-se" in action.

Types of Choses in Action: Examples

Legal choses in action are enforceable in a court exercising its common law jurisdiction.

Well known forms of legal choses in action include:

claims for debts
patent rights
trade marks
design rights
confidential information
common design
interference with contractual rights

Equitable choses include:

a share in a trust fund
the share of proceeds of sale in the hands of a mortgagee.

Choses in action are also able to be established by reliance upon vicarious liability , apparent or ostensible authority and the law of agency, where the facts of the case permit.

Chose in Action Examples

Chattels: One person can hand another a pen, and thereby pass possession of the pen. The pen is a physical object. In legal terminology, the pen is a chattel and a chose in possession, not a chose in action.
a chose in action
which is personal property
which is owned by you
which entitles you to sue the person for conversion
for damages or delivery up of a chattel
Copyright law: Suppose you own copyright in some software. The software is protected by copyright law. A person uses the software without your consent. As the person has not obtained a licence from you, it is an infringement of copyright law. Infringement entitles you to damages for your pecuniary loss and an injunction to restrain infringement (ie unlawful use of the software) in the future. The right to sue for infringement is a chose in action.
Conspiracy: Continuing the copyright infringement example above, a series of people combine with an intention to infringe the copyright of your software. A separate, freestanding tort of conspiracy arises to render each of the participants in the conspiracy liable for the conspiracy.

Assignments

Legal choses in action may be assigned in equity, at common law or by statute.
Equitable choses can be assigned in equity or by statute.

For an assignment of a legal chose in action to be effective by statute:

it must be in writing,
be absolute (the whole of the chose, unconditional and not a security interest),
with notice to the debtor.

If an assignment is ineffective by statute (for instance, an assignment of part of a debt), it still may be effective in equity.

A deed of assignment or ordinary contract may be used to assign the property rights in a chose.

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Sealy and Hooley's Commercial Law: Text, Cases, and Materials (6th edn)

Note: The Effect of Brexit
Preface to the sixth Edition
New to this Edition
Acknowledgements
Table of cases
Table of legislation
1. An introduction to commercial law
2. Basic concepts of personal property
3. Bailment
4. Introduction
5. Creation of agency, and the authority of the agent
6. Relations with third parties
7. Relations between principal and agent
8. Introduction and definitions
9. Passing of the property in the goods as between seller and buyer
10. Transfer of title
11. Seller’s obligations as to quality
12. Performance of the contract
13. Remedies of the seller
14. Remedies of the buyer
15. International sales
16. Modern payment systems
17. Payment cards and electronic money
18. Negotiable instruments
19. Bills of exchange
20. Cheques and miscellaneous payment instruments
21. The financing of international trade
22. Assignment of choses in action
23. Receivables financing
24. Introduction
25. Possessory security
26. Non-possessory security
27. Insurance
28. Insolvency

p. 787 22. Assignment of choses in action

D Fox , D Fox Professor of Common Law, University of Edinburgh
RJC Munday , RJC Munday Reader Emeritus in Law, University of Cambridge
B Soyer , B Soyer Professor of Commercial and Maritime Law, Institute of International Shipping and Trade Law, Swansea University
AM Tettenborn AM Tettenborn Chair in Law, Swansea University
and PG Turner PG Turner Visiting Senior Fellow of the Melbourne Law School
https://doi.org/10.1093/he/9780198842149.003.0022
Published in print: 13 July 2020
Published online: September 2020

This chapter deals with the general law of assignment of choses in action. Beginning with the historically based difference between equitable and statutory assignment, it then explains what ‘chose in action’ and ‘assignment’ are before discussing the requirement that there be an existing and assignable chose in action or right as well as the requirement that a person who holds an existing assignable chose in action intends to assign it. It also examines whether and when a rule of legal formality requires writing to be made; whether and when notice of the assignment is required; and obstacles to the enforcement of an assigned chose in action.

chose in action
law of assignment
legal formality
enforcement

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date: 16 April 2024

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ASSIGNMENT OF CHOSES IN ACTION

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Emmanuel Bassey

INTRODUCTION

As a general rule and based on the doctrine of privity a contract cannot confer rights or impose obligations on any person except the parties to the contract. Accordingly, a contract cannot be enforced by or against a person who is a stranger to it even if the contract is made for his benefit and purports to give him the right to sue or to make him liable upon it. The main reason for this is that it is the parties’ contract, and they are always free to vary or discharge it by agreement. The creation of a third party right would impede this freedom unless an agreement for such third party involvement has been made part of the agreement.

As with every general rule, there is always an exception. One of the exceptions to the doctrine of privity of contract arises in the assignment of choses in action where the owner of a contractual right can transfer same to a third party without the consent of the debtor (the counter-party to the contract), thereby enabling the third party to enforce the right against the debtor. The process of transfer of such a right is known as “assignment” and the types of property which are susceptible to this type of transfer are known as “choses in action.”

This article sets out to trace the evolution, incidence, and the conditions precedent for a valid assignment of choses in action under Nigerian law.

WHAT ARE CHOSES IN ACTION?

Choses in action is a legal expression used to describe all personal rights of property which can only be claimed or enforced by action and not by taking physical possession of them. They are also called “things in action” because they are things which a person is not possessed but has to bring an action in court in order to recover them. Choses in action may be legal or equitable. Legal choses in action are those which could historically only be enforced by an action at common law whilst equitable choses in action are choses in action which could only be enforced in the courts of equity- they arose out of property rights over which the Chancery Court formerly had exclusive jurisdiction. Examples of choses in action include debts, shares, negotiable instruments, policies of insurance, bills of lading, patents, copyrights, rights under trusts and legacies, benefit of a contract for sale of reversionary interest, rights to claim indefinite sums of money, as for compensation under Statute; damages for loss in which the assignee was the assignor’s insurer, a debt or benefit arising out of an existing contract, but payable at a future time and a claim for damages in tort. All these are intangible rights which cannot be physically possessed but only claimed or enforced by an action in court. They are in law permitted to be assigned by the holders (though they can neither be seen nor possessed) to third parties who would be able to enforce the rights against the debtors even though they were not parties to the original contract.

The term “assignment” refers to the act of transferring to another all or part of one’s property, interest, or rights. The term denotes not only the act of transfer, but also the instrument by which it is effected. In Julius Berger (Nig) Plc & Anor v. Toki Rainbow Community Bank Ltd the Court of Appeal held that “assignment means to give something to some body for their use or benefit. It also may mean to transfer right, property or title from the persons legally entitled to them to some body else for their benefit.”

The assignment of choses in action may be legal or equitable. Due to the vagaries of the historical evolution of law and equity, different considerations apply to the assignment of choses in action at law and in equity.

ASSIGNMENT AT COMMON LAW

Historically, under common law contractual rights were hitherto not assignable without the consent of both contracting parties since they were things in action as opposed to things in possession. This common law rule stemmed from the difficulty of conceiving of transfer of an intangible, and the desire to avoid maintenance and champerty. The only methods of assigning contractual rights at common law were by novation and by procuring the debtor’s acknowledgment that he held for the assignee, both of which required the consent of the debtor, unless the assignment was done by the king or it involved the assignment of a mercantile chose in action like a negotiable instrument which are transferrable by mere delivery. Accordingly, legal choses in action could only be assigned at law with the consent of the debtor. The assignor was however, required to be joined as a party to any action to enforce the assignment (either as a plaintiff if he consented or as a defendant in the absence of consent) since there was no privity of contract between the debtor and the assignee.

Given the rigors of assignment of legal choses in action under the common law, the courts of equity developed more flexible requirements for the assignment of equitable choses in action. However, the most significant intervention was introduced by the enactment of the English Judicature Act of 1873 which introduced the concept of statutory assignment.

STATUTORY ASSIGNMENT

The enactment of the Judicature Act, 1873 (a statute of general application in Nigeria) created an exception to the doctrine of privity of contract by introducing the concept of trust of a chose in action in section 25(6) of the Act, which provides as follows:

Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice;- (a) The legal right to such debt or thing in action (b) All legal and other remedies for the same and (c) The power to give a good discharge for the same without the concurrence of the assignor; Provided that if the debtor, trustee or other person liable in respect of such debt or thing in action has notice:- i. That the assignment is disputed by the Assignor or any person under him or; ii. Of any other opposing or conflicting claim to such debt or thing in action, he may if he thinks fit either call upon the person making claim hereto to inter plead concerning the same, or pay the debt or other in action in Court.

By section 25(6) of the Judicature Act, a contractual party could assign his rights under the contract subject to the conditions stated in the Act without any need for a novation or acknowledgment by the debtor.

CONDITIONS FOR A VALID ASSIGNMENT OF CHOSES IN ACTION

In order for Section 25(6) of the Judicature Act 1873 to apply, three conditions must be fulfilled:

6.1 The assignment must be absolute and not purport to be by way of charge only

An absolute transfer is a transfer of the whole not a part of the chose in action. The test to be applied in determining whether an assignment is absolute is whether the assignor has unconditionally transferred to the assignee for the time being, the sole right to the debt in question as against the debtor in which case the assignment is absolute. The fact that the assignee is to hold proceeds of the debts or the surplus proceeds beyond the stated amount, on trust for the assignor does not prevent the assignment from being absolute.

An assignment that purports to be by way of charge only is not an absolute assignment. The relevant test is to decide whether the assignment merely gives a right to the assignee to payment out of a particular fund by way of security rather than an unconditional transfer of the fund to the assignee. The judicial reasoning behind the requirement for an absolute assignment is that the debtor should not be put in doubt or jeopardy by the arrangements between the assignor and the assignee as to whom he is to discharge his obligations.

No particular form or mode is prescribed or required by law for a legal assignment as long as the assignor absolutely and unequivocally indicates the transfer of the benefit, interest or title to the assignee.

6.2 It must be in writing under the hand of the assignor

No particular mode or form is necessary as the writing can be informal, as for instance, a direction in writing by a creditor to his debtor to pay the assignee, handed to the assignee, may amount to an assignment but such a direction handed to the debtor may not by itself constitute an assignment unless there is evidence that the assignee has requested or consented to it. It is also the law that even if the debtor has the direction, it may not constitute more than authority to pay, and gives the assignee no rights unless the instructions can be said to amount to an irrevocable mandate to the debtor.

6.3 Express notice in writing thereof must be given to the debtor or trustee

This notice is not required to be in a separate document purposely prepared as a notice and described as such. What is needed is that information relative to the assignment shall be conveyed to the debtor, and that it shall be conveyed in writing. A written demand for payment sent by the assignee to the debtor has been held to be sufficient once the notice is unconditional and given to the debtor personally before the assignee commences his action. It has also been held that since a creditor can assign by directing his debtor to pay the assignee, a single written document would suffice to constitute both the Assignment as well as the notice envisaged by the Act. Furthermore, it is not necessary for the notice to the debtor to be given by the assignor or the assignee; it may be given by a third party.

LEGAL EFFECT OF A STATUTORY ASSIGNMENT

Once the above conditions have been fulfilled, certain legal consequences immediately follow:

The assignee can sue the debtor in his own name instead of having to sue in the name of the assignor and perhaps to go to the Court of equity to compel his joinder in the action.
Consideration is not required for the assignment.
The consent of the assignee is not required for the assignment. However, where it is the liabilities or the burdens under a contract that are to be assigned to a debtor, the consent of the assignee is required.
EQUITABLE ASSIGNMENT OF CHOSES IN ACTION

An equitable assignment of a chose in action arises in the event of an assignment of an equitable chose in action and where there has been a failure to comply with the statutory conditions for a valid assignment of a legal chose in action. Such an assignment which fails to comply with the requirements of the statute will not become invalid but will operate as an equitable assignment.

An equitable assignment may be in writing or oral. It may operate by way of a charge only or be part of the debt or chose. If there is an equitable assignment of an equitable chose in action the assignment being absolute, then the assignee is entitled to sue in his own name.

Any words will suffice provided they are unambiguous to the effect that an identifiable debt has been made over by the creditor to some third person. No privity of contract or consideration is required for equitable assignment provided that the assignor has, at the material time, done all that he can to perfect the gift.

An equitable assignment is binding even without notice to the debtor. However, as a matter of practice, notice to the debtor is very important for three reasons:

In the absence of notice the debtor is entitled to discharge his obligations to the assignor and not to the assignee, whereas if he has notice he does so at his own peril and he may well be required to discharge the obligation a second time to the assignee with no entitlement to recovery from the assignor.
The giving of notice to the debtor has an effect on prior equities. The general rule as regards assignment of choses in action is that an assignee takes subject to the equities that already apply to the property in question. Thus, anyone who has a prior interest (legal or equitable) in an assigned chose is entitled to a higher priority than that of the assignee. The reason for this is that the assignee cannot acquire a better title than that of the assignor. What he essentially gains by virtue of the assignment is a right to continue in the stead of the assignor in respect of that chose and nothing better.Claims of equities that arise after notice of the assignment has been given to the debtor would not affect the assignee, except where the claim is very closely related to the original transaction upon which the chose came into existence. The rule that the assignee takes subject to equities will not apply where the trustee is estopped, either by conduct or deed, from setting up equities against the assignee. It would not also apply where the agreement occasioning the original transaction includes a clause that the assignees of the assignor would take free from all equities.
The date of notice establishes the order of priority as between successive assignees. Thus, where there are two or more assignees of the same chose in action, the first to give notice has priority over the other assignees even if they were first in time.

Assignment of choses in action provides a veritable avenue for the exchange of contractual rights, especially when the assignor does not have the wherewithal to enforce the right in court. This creates a win-win situation for the assignor and the assignee, as the assignor is immediately able to receive value for his rights and the assignee is able to enforce the right to receive whatever benefit he has contracted for whilst the debtor’s position is not adversely affected. The parties, however, need to understand the applicable principles so that they would know the extent of any rights that they acquire in any given transaction.

______________________________

For further information on this article and area of law, please contact Emmanuel Bassey at: S. P. A. Ajibade & Co., Lagos by Telephone (+234 1 472 9890), Fax (+234 1 4605092) Mobile (+234.703.805.9736, +234.815.088.2839) Email: [email protected] www.spaajibade.com

Emmanuel Abasiubong Bassey, Senior Associate in the Dispute Resolution Department of S.P.A. Ajibade & Co., Lagos, Nigeria.
Makwe v. Nwukor & Anor (2001) LPELR-1830(SC) (pp 25 – 25 paras D – E). See, Ben Electronic Co. (Nig) Ltd v. ATS & Sons & Ors. (2013) LPELR-20870(CA) (pp 62 – 98 paras A – E). It was however, held that the benefit of a contract is only assignable in cases where it can make no difference to the person on whom the obligation lies to which of two persons he is to discharge it. See, Tolhurst v. Associated Portland Cement Manufacturers Ltd (1902) 2 K.B. 660 at 668, (1903) A.C. 414 cited in Julius Berger (Nig) Plc & Anor v. Toki Rainbow Community Bank Ltd (2009) LPELR-4381(CA) (pp 24 – 25 paras E – C).
I. E. Sagay, Nigerian Law of Contract (first published 1985, 2nd Edn, Spectrum Books Limited, Ibadan, 2000) 516.
See, https://mcmahonsolicitors.ie/choses-in-action/ [accessed on 14th December 2023.] Supra.
See, Ben Electronic Co. (Nig) Ltd v. ATS & Sons & Ors (supra).
See, FCMB v. Essien (2022) LPELR-58699(CA) (pp 6 – 6 paras E – F).
See, FCMB v. Essien (supra).
Julius Berger (Nig) Plc & Anor v. Toki Rainbow Community Bank Ltd (2009) LPELR-4381(CA) (pp 24 – 25 paras E – C).
The following choses are however not assignable: (1) Salaries of public officials. This is because it is perceived that if allowed to assign their salaries, they may deprive themselves of their means of sustenance and thereby impair the efficiency which is most desirable for the public service; (2) Alimony- because the money is meant for the maintenance of the spouse and (3) Rights arising out of a contract for personal service.
Maintenance occurs when a third-party provides support for litigation without a just cause, by providing, for example, financial assistance. Champerty is an aggravated form of maintenance, where a third-party pays some or all of the litigation costs in return for a share of the proceeds.
(36 & 37 Vict.) CHAPTER 66.
In Nigeria, a statute of general application refers to refers to statutes which were in force in England on the 1st of January, 1900. They were to be applied by the courts in Nigeria as far as local circumstances permit. However, the Western Region is now exempted by virtue of Law of England (Application) Law of 1959. The West African Court of Appeal stated in Young v. Abina that it was not necessary for the statute to be in force in all of the United Kingdom, but it only had to be in force in England. See, https://www.learnnigerianlaw.com/learn/legal-system/englishlaw accessed on 12th December 2023.
Section 25 (6) of the Judicature Act i873 which has now been repealed and replaced substantially by Section 136 of the English Law of Property Act, 1925, in England.
See, Ben Electronic Co. (Nig) Ltd v. ATS & Sons & Ors. (supra). It has been held that the benefit of a contract is only assignable in cases where it can make no difference to the person on whom the obligation lies to which of two persons he is to discharge it. See, Tolhurst v. Associated Portland Cement Manufacturers Ltd (1902) 2 K.B. 660 at 668, (1903) A.C. 414 cited in Julius Berger (Nig) Plc & Anor v. Toki Rainbow Community Bank Ltd (2009) LPELR-4381(CA) (pp 24 – 25 paras E – C).
See, https://www.designingbuildings.co.uk/wiki/Legal_and_equitable_assignment [accessed on 14th December 2023].
See, Julius Berger (Nig) Plc & Anor v. Toki Rainbow Community Bank Ltd (2009) LPELR-4381(CA) (pp 25 – 26 paras D – D).
See, Bateman v. Hunt, 20 T. L. R. 628.
See, Julius Berger (Nig) Plc & Anor v. Toki Rainbow Community Bank Ltd (supra).
See, William Brandt’s Sons & Co v Dunlop Rubber Co Ltd [1905] AC 454.
If it is incomplete, consideration may be required. Consideration will also be required where the assignment concerns some future chose as the agreement in such instance can only be a contract to assign and all contracts must be backed by consideration. See, Ben Electronic Co. (Nig) Ltd v. ATS & Sons & Ors (2013) LPELR-20870(CA) (pp 62 – 98 paras A – E).
The notice may be written or oral and the wording of the notice may be informal. A newspaper article may be a sufficient notice to the debtor. See, Lloyd v Banks (1868) LR 3. Ch App 488.
Re Knapman (1881) 18 Ch. D 300.
https://djetlawyer.com/assignment-of-choses-in-action/#:~:text=An%20assignment%20of%20a%20chose,legal%20(statutory)%20or%20equitable [accessed on 5 December 2023].
See, the rule in Dearle v Hall 3 Russell 1, 38 ER 475.

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Part II The Transfer of Intangible Property, 13 Equitable Assignment of Choses in Action

From: the law of assignment (3rd edition), marcus smith, nico leslie.

This chapter studies the requirements that are necessary for an effective assignment of choses in action. In order to effect the assignment or a chose in action: the assignor must have manifested an intention to transfer the chose; the thing being assigned must be a chose in action, in present existence, certain or capable of being ascertained; the identity of the assignee must be clear; and the appropriate forms and formalities must have been satisfied. These requirements apply both to legal and equitable assignments. However, since legal assignments can only be affected by statute, the forms and formalities required for a legal assignment are those set out in the relevant legislation, and addressed elsewhere.

[66.249.64.20|185.126.86.119]
185.126.86.119

27. Assignment of part of a chose in action.

Unlike an assignment under the Law of Property Act 1925 1

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chose in action

Quick reference.

A right of proceeding in a court of law to obtain a sum of money or to recover damages. Examples include rights under an insurance policy, a debt, and rights under a contract. A chose in action is a form of property and can be assigned, sold, held in trust, etc. See also chose in possession.

From: chose in action in A Dictionary of Business and Management »

Subjects: Social sciences — Business and Management

Taking security over choses in action

Practical law uk practice note 4-201-9675 (approx. 29 pages), get full access to this document with practical law.

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Increase efficiency
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Legal and equitable choses in action
Examples of choses in action
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Quasi-security
Registration
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5 Taking security over a debt
6 Taking security over book debts
7 Taking security over shares and debt securities
8 Taking security over cash deposits

About the Land Title Practice Manual

36 Assignment Of Debts And Choses In Action

In this volume.

Overview of the Agricultural Land Commission Act [§34.1]
1 Definitions [§34.3]
15 Inclusion of land in agricultural land reserve by the commission [§34.4]
16 Repealed [§34.5]
17 Inclusion applications [§34.6]
17.1 Agricultural land to remain in reserve unless excluded [§34.7]
18 Restrictions on approving land uses and subdivision [§34.8]
18.1 Notice of statutory right of way [§34.9]
19 Registration restrictions [§34.10]
20 Non-farm use of land within agricultural land reserve [§34.11]
20.1 Residential use of agricultural land [§34.12]
20.2 Pre-existing residential structures [§34.13]
20.3 Soil or fill use [§34.14]
21 Subdivision of agricultural land reserve [§34.15]
22 Covenants [§34.16]
23 Exceptions [§34.17]
24 Preservation of rights [§34.18]
25 Non-farm use and subdivision application by owner [§34.19]
26 Delegation of section 25 powers [§34.20]
27 Chief executive officer may approve some applications [§34.21]
28 Application of sections 18 and 20 to 21 limited to agricultural land [§34.22]
29 Exclusion applications [§34.23]
29.1 Decision on exclusion applications [§34.24]
30 Exclusion by the commission [§34.25]
30.1 [Repealed] [§34.26]
31 Effect of permission for non-farm use, subdivision or exclusion [§34.27]
32 Boundaries to be amended [§34.28]
52.1 Notice of remediation orders in land title office [§34.29]
52.2 Cancellation of remediation order note [§34.30]
58 Land use regulations [§34.31]
58.1 Regulations respecting statutory rights of way and subdivision [§34.32]
58.2 Regulations respecting fees [§34.33]
58.3 Regulations respecting applications [§34.34]
58.4 Regulations respecting the commission [§34.35]
58.5 Regulations respecting enforcement [§34.36]
58.6 General powers respecting regulations [§34.37]
60 Certificates of title subject to this Act [§34.38]
61 Transitional [§34.39]
Overview of British Columbia Home Programs Legislation [§35.1]
Overview of the Budget Measures Implementation Act, 2004 [§35.3]
20 Transitional—Home Conversion and Leasehold Loan Act [§35.5]
21 Transitional—Home Mortgage Assistance Program Act [§35.6]
22 Transitional—Home Purchase Assistance Act [§35.7]
23 Transitional—Homeowner Interest Assistance Act [§35.8]
24 Transitional—Interpretation Act [§35.9]
Overview of Ministry of Lands, Parks and Housing Act [§35.11]
8 Securing advances [§35.13]
8.1 Affordable housing assistance and security for it [§35.14]
Overview of the Homeowner Protection Act [§35.16]
24.1 Definitions [§35.18]
24.2 Reconstruction loan portfolio [§35.19]
27 Payments from consolidated revenue fund in relation to the reconstruction loan portfolio [§35.20]
27.1 Collections [§35.21]
Overview of the Builders Lien Act [§36.1]
1 Definitions and interpretation [§36.3]
1.1 Exemption [§36.4]
2 Lien for work and material [§36.5]
3 Deemed authorization [§36.6]
15 Claim of lien to be in prescribed form [§36.7]
16 General lien [§36.8]
17 No claim under $200 [§36.9]
18 Procedure to file a claim of lien under the Mineral Tenure Act [§36.10]
19 Liability for wrongful filing [§36.11]
20 Time for filing claim of lien [§36.12]
21 When claim of lien takes effect [§36.13]
22 Lien extinguished if not filed as required by Act [§36.14]
23 Removal of claims of lien by payment of total amount recoverable [§36.15]
24 Cancellation of claim of lien by giving security [§36.16]
25 Powers of court, registrar or gold commissioner to remove claim of lien [§36.17]
26 Enforcement of claim [§36.18]
27 Local venue for proceedings under this Act [§36.19]
28 Proof of filing of claim of lien [§36.20]
30 Counterclaim and judgment for creditor [§36.21]
31 Court may order sale [§36.22]
32 Priority of secured lender [§36.23]
33 Limitation and notice to commence an action [§36.24]
35 Maximum claim against purchaser’s interest [§36.25]
42 Certain acts, agreements, assignments void [§36.26]
43 Lien may be assigned [§36.27]
45 Offence [§36.28]
47 Power to make regulations [§36.29]
48 Transition [§36.30]
Overview of the Court Order Enforcement Act [§37.1]
Part 5—Enforcement of Court Orders
47 Definitions for Part [§37.3]
50 How time to be calculated [§37.4]
52 Court may order preference claim to extent of 3 months’ wages [§37.5]
53 Creditor may enforce claim for balance due [§37.6]
54 Return of writ or order by sheriff [§37.7]
56 Land not to be sold under writ of execution against goods [§37.8]
57 Interests subject to seizure and sale [§37.9]
80 Writs of elegit or fi. fa. land abolished [§37.10]
81 Definitions for sections 82 to 112 [§37.11]
82 Registration of judgment before October 31, 1979 [§37.12]
83 Expiration of lien [§37.13]
84 Registration or renewal before October 31, 1979 [§37.14]
85 Section 84 limited in time [§37.15]
86 Registration of judgments after October 30, 1979 [§37.16]
87 Fraudulent Preference Act [§37.17]
88 Application to register judgment [§37.18]
89 Notice to owner [§37.19]
90 Additional compensation [§37.20]
91 Expiration and renewal [§37.21]
92 Procedure for enforcing charge [§37.22]
93 Determination of disputed questions [§37.23]
94 Reference to ascertain land and settle priorities [§37.24]
95 Registrar may retain sufficient sum to satisfy claim under Creditor Assistance Act [§37.25]
96 Order for sale of land [§37.26]
97 Court may direct notification of claimants not before court [§37.27]
98 Pending litigation [§37.28]
105 Conveyance of land sold [§37.29]
107 Purchaser not to be affected by irregularities [§37.30]
108 Proceeding not to abate by marriage, death or bankruptcy [§37.31]
109 Power of purchasers to satisfy encumbrances [§37.32]
112 Registration of conveyance [§37.33]
Overview of the Environmental Management Act [§38.1]
Part 1—Interpretation
1 Definitions and interpretation [§38.3]
Part 4—Contaminated Site Remediation
39 Definitions and interpretation [§38.4]
40(1)(a) and (6) Site disclosure statements [§38.5]
46 Persons not responsible for remediation [§38.6]
53(1) to (4) and (6) Approvals in principle and certificates of compliance [§38.7]
55 Removal and deposit of soil [§38.8]
55.1 High volume soil receiving sites [§38.9]
59 Cost recovery if minister carries out remediation [§38.10]
Overview of the Escheat Act [§39.1]
Part 1—Escheats
1 Escheated land may be taken by attorney general [§39.3]
1.1 Delegation by Attorney General [§39.4]
3 Escheat of estates [§39.5]
4 Escheat of land on dissolution of corporation [§39.6]
4.1 Disposal of escheated water system property [§39.7]
5 Power to restore land to legal or moral claimants [§39.8]
7 Waiver of government rights [§39.9]
11 Sale of escheated land [§39.10]
12 Powers of Attorney General to dispose of land [§39.11]
14 Property Crown granted that has escheated [§39.12]
Part 2—Operation of Water Systems Property
15 Definitions [§39.13]
20 Lien against serviced property [§39.14]
21 Filing of certificate [§39.15]
Overview of the Expropriation Act [§40.1]
Part 1—Definitions and Application
1 Definitions [§40.3]
2 Application [§40.4]
3 If the owner agrees to transfer or dedicate land [§40.5]
Part 2—Approval
4 Approval of expropriation [§40.6]
5 Dispensing with approval and inquiry [§40.7]
Part 3—Pre-Expropriation Procedures
6 Expropriation notice [§40.8]
7 Land title office filing and registration [§40.9]
16 Modification of expropriation [§40.10]
Part 4—Expropriation
18 Decision of approving authority [§40.11]
19 Abandonment [§40.12]
21 Divesting after expropriation [§40.13]
23 Vesting and possession [§40.14]
24 Correction of errors [§40.15]
Part 5—Compensation Procedures
26 Jurisdiction and decision [§40.16]
Part 7—General
54 Power to make regulations [§40.17]
55 [Repealed] [§40.18]
Form 1, Expropriation Notice [§40.20]
Form 4, Amended Expropriation Notice [§40.21]
Form 6, Cancellation of Expropriation Notice [§40.22]
Form 7, Notice of Abandonment [§40.23]
Form 9, Vesting Notice [§40.24]
Overview of Acts [§41.1]
Overview of the Family Law Act [§41.3]
1 Definitions [§41.5]
2 General interpretation [§41.6]
3 Spouses and relationships between spouses [§41.7]
Part 5—Property Division
Division 1—General Rules
81 Equal entitlement and responsibility [§41.8]
81.1 Certain presumptions not to be applied [§41.9]
82 Rights and remedies of third parties [§41.10]
Division 2—Determining Family Property and Family Debt
83 Interpretation [§41.11]
84 Family property [§41.12]
85 Excluded property [§41.13]
86 Family debt [§41.14]
87 Valuing family property and family debt [§41.15]
Division 3—Before Agreement or Final Order Is Made
88 Orders under this Division [§41.16]
89 Orders for interim distribution of property [§41.17]
90 Temporary orders respecting family residence [§41.18]
91 Temporary orders respecting protection of property [§41.19]
Division 4—Dividing Family Property and Family Debt
92 Agreements respecting property division [§41.20]
93 Setting aside agreements respecting property division [§41.21]
94 Orders respecting property division [§41.22]
95 Unequal division by order [§41.23]
96 Division of excluded property [§41.24]
97 Giving effect to property division [§41.25]
Division 5—Enforcing and Protecting Property Interests
98 Definitions [§41.26]
99 Filing in land title office [§41.27]
101 Orders for postponement, cancellation or discharge [§41.28]
102 Donor of gift is party to agreement [§41.29]
103 Enforceability of interest in property [§41.30]
104 Rights under this Part [§41.31]
Division 6—Jurisdiction and Choice of Law Rules
105 Definitions and interpretation [§41.32]
106 Determining whether to act under this Part [§41.33]
107 Proper law of the relationship between the spouses [§41.34]
108 Choice of law rules [§41.35]
109 Extraprovincial property [§41.36]
Part 7—Child and Spousal Support
Division 1—Definitions
146 Definitions [§41.37]
Division 2—Child Support
148 Agreements respecting child support [§41.38]
Division 4—Spousal Support
163 Agreements respecting spousal support [§41.39]
Part 8—Children’s Property
175 Definitions [§41.40]
179 Appointment of trustee by Supreme Court [§41.41]
180 Subsequent applications respecting trustee [§41.42]
181 When child’s property must be delivered to child [§41.43]
Part 12—Regulations
248 General regulation-making powers [§41.44]
252 Transition—proceeding respecting property division [§41.45]
Overview of the Family Maintenance Enforcement Act [§41.47]
Part 1—Definitions and Interpretation
1 Definitions and interpretation [§41.49]
Part 3—Enforcement Mechanisms
26 Registration in land title office [§41.50]
28 Priority over other judgment debts [§41.51]
Overview of the Interjurisdictional Support Orders Act [§41.53]
Part 3—Registration of Orders Made Outside British Columbia
16 Application [§41.55]
17 Receipt of an order in British Columbia [§41.56]
18 Registration of extraprovincial or foreign order [§41.57]
19 Foreign orders after registration [§41.58]
20 Effect of setting aside registration of foreign orders [§41.59]
Overview of the Land (Spouse Protection) Act [§41.61]
1 Definitions [§41.63]
2 Application for charge under this Act [§41.64]
3 When disposition without consent of spouse is void [§41.65]
4 Application of Wills, Estates and Succession Act [§41.66]
5 Spouses living apart [§41.67]
6 When Act ceases to apply [§41.68]
7 Filing of consent on disposition [§41.69]
8 Dispensing with consent and notice [§41.70]
9 Presumption of consent from participation in sale [§41.71]
10 Abandonment by spouse of benefits and privileges [§41.72]
11 Cancellation on protected spouse predeceasing other spouse [§41.73]
12 Spouse may be required to show why entry should not be discharged [§41.74]
13 Appeal from registrar’s decision [§41.75]
14 [Repealed] [§41.76]
15 Power to prescribe forms [§41.77]
Overview of the Fraudulent Conveyance Act [§42.2]
1 Fraudulent conveyance to avoid debt or duty of others [§42.4]
2 Application of Act [§42.5]
Overview of the Fraudulent Preference Act [§42.7]
1 Definition [§42.9]
2 Instruments preferring creditors [§42.10]
3 Transfers which prejudice creditors [§42.11]
4 Transfers having effect of preference [§42.12]
5 What transactions to be deemed preferential [§42.13]
6 Sales and transfers in good faith [§42.14]
7 Following proceeds of property fraudulently transferred [§42.15]
8 Conveyances void as against registered judgment [§42.16]
9 Setting aside fraudulent conveyances [§42.17]
10 Determination of disputed questions [§42.18]
11 Certificate of proceedings [§42.19]
12 Costs in discretion of court [§42.20]
Overview of the Interpretation Act [§43.1]
1 Definitions [§43.3]
8 Enactment remedial [§43.4]
8.1 Section 35 of Constitution Act, 1982 and Declaration [§43.5]
14 Government bound by enactments; exception [§43.6]
25 General rules for determining beginning or end of periods of time [§43.7]
25.1 Calculation of age [§43.8]
25.2 Determining the beginning or end of periods of days or weeks [§43.9]
25.3 Determining the beginning or end of periods of months [§43.10]
25.4 Determining the beginning or end of periods of years [§43.11]
25.5 If day specified is holiday or office closed [§43.12]
28 Use of forms and words [§43.13]
29 Expressions defined [§43.14]
29.1 Definitions in relation to treaty first nations [§43.15]
29.2 Definitions in relation to Nisga’a Final Agreement [§43.16]
40 Definitions in Community Charter and Local Government Act apply to other enactments [§43.17]
Overview of the Land Act [§44.1]
1 Definitions [§44.3]
1.1 Exclusions from Crown land definition [§44.4]
Part 1—Land Districts and Land Recording Districts
7 Crown land registry [§44.5]
Part 1.1—Integrated Land and Resource Registry
7.1 Definitions [§44.6]
7.2 Integrated Land and Resource Registry [§44.7]
7.3 No notice or knowledge of information in integrated registry [§44.8]
7.4 Public access to integrated registry [§44.9]
7.5 Personal liability protection [§44.10]
7.6 [Repealed] [§44.11]
7.7 Offences [§44.12]
7.8 Power to make regulations [§44.13]
Part 2—Disposition of Crown Land—General
8 If no disposition [§44.14]
9 Citizenship of grantee [§44.15]
10 Application for Crown land [§44.16]
10.1 When no application for Crown land may be made [§44.17]
11 Minister may dispose of Crown land [§44.18]
12 Crown grant of cancelled dedicated land [§44.19]
13 Roads [§44.20]
27 Reservations to which purchasers are subject [§44.21]
31 Transfers to Canada [§44.22]
Part 3—Application Procedure for Disposition of Crown Land
34 Disposition by minor [§44.23]
38 Lease [§44.24]
40 Right of way and easement [§44.25]
Part 4—Disposition of Crown Land—Cancellation, Amendment and Abandonment
43 Cancellation of disposition [§44.26]
44 Amendment and cancellation if approval or grant improper [§44.27]
Part 5—Crown Grants
48 Issue of Crown grant [§44.28]
49 Form of Crown grant [§44.29]
50 Exceptions and reservations [§44.30]
51 Grant of Crown land to government corporations and bodies [§44.31]
52 Power to delete terms in Crown grants [§44.32]
53 Procedure to cancel defective grants [§44.33]
54 Delivery and registration of Crown grants [§44.34]
55 Bodies of water [§44.35]
56 Application [§44.36]
57 Roads [§44.37]
58 Application to include body of water or road in subdivision [§44.38]
Part 7—Surveys
77.1 Treaty lands—survey instructions [§44.39]
80 Access to private land [§44.40]
81 Agreed boundary [§44.41]
88 Confirmation of resurvey plan [§44.42]
90 Resurvey binding [§44.43]
Part 7.2—Deposit of Electronic Plans in Crown Land Registry
Division 1—Definitions and Application
93.9 Definitions [§44.44]
93.901 Application of this Part [§44.45]
Division 2—Electronic Plans
93.91 Effect of electronic plan [§44.46]
93.911 Submission of electronic plans [§44.47]
93.92 Form and manner of completion [§44.48]
93.93 Signing requirements—British Columbia land surveyor [§44.49]
93.94 Submitting electronic plans [§44.50]
93.941 Signing requirements—Surveyor General [§44.51]
Division 3—Certification of Subscribers
93.95 Certification authority [§44.52]
93.96 Certification practice statement [§44.53]
93.97 Warranties of certification authorities [§44.54]
93.98 Immunity [§44.55]
93.99 Delegation of powers to Director of Land Titles [§44.56]
Division 4—General
93.991 Offences [§44.57]
Part 8—Additional Powers
94 Crown grant payments [§44.58]
102 Minister may consent to plan proceedings [§44.59]
103 Minister may order government title cancelled [§44.60]
104 Affidavits [§44.61]
106 Land revested in government [§44.62]
109 Execution of documents [§44.63]
109.1 Fees for services provided by Surveyor General [§44.64]
Overview of the Land Owner Transparency Act [§45.1]
Part 1—Definitions, Interpretation and Application
1 Definitions [§45.3]
2 Meaning of “beneficial owner” [§45.4]
3 Meaning of “corporate interest holder” [§45.5]
4 Meaning of “partnership interest holder” [§45.6]
5 Application of Land Title Act [§45.7]
6 Act does not apply to Indigenous land or prescribed land [§45.8]
7 Primary identification information—corporations and limited liability companies [§45.9]
8 Primary identification information—individuals [§45.10]
9 Primary identification information—relevant partnerships [§45.11]
Part 2—Transparency Declarations and Transparency Reports
Division 1—Transparency Declarations
10 Transparency declaration required with application to register interest in land [§45.12]
11 Refusal of application if transparency declaration not submitted, certified or signed [§45.13]
Division 2—Transparency Reports
12 Transparency report required with application to register interest in land [§45.14]
13 General rules for filing and completing transparency reports [§45.15]
14 Refusal of application if transparency report not submitted, certified or signed [§45.16]
15 Transparency report required from pre-existing and other owners [§45.17]
16 Transparency report required on change of interest holders or determination of incapacity [§45.18]
17 Filing of new transparency report to correct previous report [§45.19]
17.1 Notice required if corporation, trust or partnership ceases to be relevant corporation, relevant trust or relevant partnership [§45.20]
Division 3—Content of Transparency Reports
18 Information required in transparency reports [§45.21]
19 Information about interest holders [§45.22]
20 Information about settlors [§45.23]
21 Requirements if unable to obtain information about interest holders or settlors [§45.24]
22 Identification of incapacity [§45.25]
23 Interest holder’s duty to give information [§45.26]
24 Notice to interest holders and settlors [§45.27]
Division 4—Certification and Electronic Signatures
25 Certification of transparency declarations and transparency reports [§45.28]
26 Electronic signing [§45.29]
27 Prohibitions in relation to electronic signing [§45.30]
Part 3—Access to Transparency Records, Reported Information and Publicly Accessible Information
28 Definitions for Part 3 [§45.31]
29 Administrator’s duty to keep and maintain records and information [§45.32]
30 Administrator’s duty to make information available [§45.33]
31 Inspections and searches by enforcement officer and ministry officials [§45.34]
32 Inspections and searches for tax and related purposes [§45.35]
33 Inspections and searches for law enforcement purposes [§45.36]
34 Inspections and searches by regulators [§45.37]
35 Searches by members of public [§45.38]
36 Manner of conducting inspections and searches [§45.39]
37 Restrictions on inspections and searches [§45.40]
38 Fees for inspections and searches [§45.41]
39 Mandatory omission of information from publicly accessible information [§45.42]
40 Application to omit information if health or safety at risk [§45.43]
41 Determination of application to omit information [§45.44]
42 Application to correct or change information [§45.45]
43 Determination of application to correct or change information [§45.46]
44 Omissions, changes or annotations on administrator’s initiative [§45.47]
45 Omissions, changes or annotations required by enforcement officer [§45.48]
Part 5—General
87 How documents must be given to registrar or administrator [§45.49]
Exclusions under paragraph (a) of definition of “relevant corporation” [§45.51]
Exclusions under paragraph (a) of definition of “relevant corporation” [§45.52]
Exclusions under paragraph (d) of definition of “relevant trust” [§45.54]
Exclusions under paragraph (e) of definition of “relevant trust” [§45.55]
Overview of Land Surveys Legislation [§46.1]
6 Subdivisions of land surveyed in sections one mile square [§46.3]
12 Orders and rules for integrated survey areas [§46.4]
13 Integrated survey area plan or map [§46.5]
14 Effect of constituting integrated survey area [§46.6]
14.1 Powers of Surveyor General [§46.7]
75 Power to make rules for surveys [§46.9]
Overview of the Land Title and Survey Authority Act [§47.1]
Part 1—Definitions
1 Definitions [§47.3]
Part 2—Authority Established
2 Land Title and Survey Authority of British Columbia established [§47.4]
3 Status of assets if Authority is dissolved [§47.5]
4 Purposes of Authority [§47.6]
5 Property of Authority [§47.7]
Part 3—Governance of Authority
Division 1—Board of Directors
6 Board of directors [§47.8]
7 Nomination and appointment process [§47.9]
8 Directors appointed by panel [§47.10]
9 Persons qualified to be directors [§47.11]
10 Register of directors [§47.12]
11 When director ceases to hold office [§47.13]
12 Appointment of replacement directors [§47.14]
13 Factors to be considered in appointments [§47.15]
Division 2—Powers and Duties of Directors and Officers
14 Powers and functions of directors [§47.16]
15 Role of directors [§47.17]
16 Duties of directors and senior officers [§47.18]
17 Validity of acts of directors and senior officers [§47.19]
18 Proceedings of directors [§47.20]
19 Bylaws [§47.21]
20 New or increased fees [§47.22]
20.1 New or increased fees under Land Owner Transparency Act [§47.23]
21 Charges payable by government or government body [§47.24]
Division 3—General
22 Remuneration and reimbursement of directors [§47.25]
23 Indemnification [§47.26]
24 Head office [§47.27]
25 Records [§47.28]
26 Annual general meeting [§47.29]
Part 4—Conflicts of Interest
27 Disclosable interests [§47.30]
28 Obligation to account for profits [§47.31]
29 Powers of court [§47.32]
30 Validity of contracts and transactions [§47.33]
31 Limitation of obligations of directors and senior officers [§47.34]
32 Disclosure of conflict of office or property [§47.35]
Part 5—Officers and Employees
33 Appointment of chief executive officer [§47.36]
34 Appointment of Surveyor General and other employees [§47.37]
Part 6—Financial Administration
35 Fiscal year of Authority [§47.38]
36 Appointment of auditor [§47.39]
37 Financial statements [§47.40]
38 Business plan [§47.41]
39 Decisions of the First Nations Summit [§47.42]
40 Application of other Acts [§47.43]
41 Appointment of administrator [§47.44]
42 Offence Act [§47.45]
43 Power to make regulations [§47.46]
Part 8—Transitional Provisions and Consequential Amendments
Transitional Provisions
44 First chief executive officer and directors of Authority [§47.47]
45 Transitional—financial administration [§47.48]
46 Transitional—appointments continued [§47.49]
47 Transitional—transfer of property and records [§47.50]
48 Transitional—approved forms under the Land Title Act [§47.51]
Overview of the Land Title Inquiry Act [§48.1]
1 Right to judicial investigation of fee simple title [§48.3]
2 Investigation of interest in land [§48.4]
3 Investigation of title of government to land [§48.5]
4 Application proceedings [§48.6]
5 Affidavit of applicant [§48.7]
6 Certificate of counsel [§48.8]
7 Registration in land title office [§48.9]
8 Evidence [§48.10]
9 Form of evidence [§48.11]
10 Payment of taxes required [§48.12]
11 Further evidence [§48.13]
12 Notice of application and decision to be published before declaration [§48.14]
13 Publication sufficient notice [§48.15]
14 Notice to adverse claimants [§48.16]
15 Other notice [§48.17]
16 Adverse claimant to file statement of his claim [§48.18]
17 Contested title [§48.19]
18 Security for costs [§48.20]
19 Costs [§48.21]
20 Withdrawal of application [§48.22]
21 Court may refer petition to referee [§48.23]
22 Exceptions to claim of title [§48.24]
23 Declaration of title [§48.25]
24 Order for possession [§48.26]
25 Death or change of interest [§48.27]
26 Informalities not to invalidate proceedings [§48.28]
27 Registration and effect of declaration [§48.29]
28 Certified copy of declaration to be admissible evidence [§48.30]
29 Declaration obtained by fraud or falsehood [§48.31]
30 Construction of Act [§48.32]
Overview of the Land Transfer Form Act [§49.1]
1 Definitions [§49.3]
2 Effect of deed [§49.4]
3 Deed to include all buildings, reversions and estate [§49.5]
4 Validity of deed failing to take effect by this Part [§49.6]
5 Effect of lease [§49.7]
6 Lease to include all buildings [§49.8]
7 Validity of lease failing to take effect by this Part [§49.9]
8 Covenants not to assign or sublet [§49.10]
9 Effect of mortgage [§49.11]
10 Mortgage to include all buildings, reversions and estate [§49.12]
11 Taxation of bills [§49.13]
12 Validity of mortgage failing to take effect by this Part [§49.14]
13 Schedules and directions form part of Act [§49.15]
Schedule 1 [§49.17]
Schedule 2 [§49.18]
Schedule 3 [§49.19]
Schedule 4 [§49.20]
Schedule 5 [§49.21]
Schedule 6 [§49.22]
Overview of the Law and Equity Act [§50.1]
2 Application of English Law in British Columbia [§50.3]
12 Merger [§50.4]
13 Mortgagor may sue in respect of mortgaged land [§50.5]
14 Mortgagor may require mortgagee to assign [§50.6]
21 Venue in foreclosure proceedings [§50.7]
36 Assignment of debts and choses in action [§50.8]
37 Vesting orders [§50.9]
38 Execution of instruments by order of court [§50.10]
59 Enforceability of contracts [§50.11]
60 Spousal capacity and property [§50.12]
60.1 Responsibility for former spouse [§50.13]
61 [Repealed] [§50.14]
Overview of Local Government Legislation [§51.1]
Part 1—Principles, Purposes and Interpretation
1 Principles of municipal governance [§51.3]
2 Principles of municipal-provincial relations [§51.4]
3 Purposes of Act [§51.5]
4 Broad interpretation [§51.6]
5 Definitions and other interpretation rules [§51.7]
Part 2—Municipal Purposes and Powers
Division 1—Purposes and Fundamental Powers
6 Municipalities and their councils [§51.8]
7 Municipal purposes [§51.9]
8 Fundamental powers [§51.10]
9 Spheres of concurrent authority [§51.11]
Division 2—Scope of Jurisdiction
10 Relationship with Provincial laws [§51.12]
11 Area of jurisdiction [§51.13]
Division 3—Ancillary Powers
13 Services outside municipality [§51.14]
13.1 Services within treaty lands [§51.15]
14 Intermunicipal service, regulatory and other schemes [§51.16]
Part 3—Additional Powers and Limits on Powers
Division 1—Partnering and Other Agreements
21 Partnering agreements [§51.17]
22 Agreements granting exclusive or limited franchises [§51.18]
23 Agreements with other public authorities [§51.19]
Division 3—Municipal Property
26 Notice of proposed property disposition [§51.20]
27 Exchange or other disposal of park land [§51.21]
28 Disposal of water systems, sewage systems and other utilities [§51.22]
29 Municipal ownership of subdivision park land [§51.23]
30 Reservation and dedication of municipal property [§51.24]
Division 4—Expropriation and Compensation
31 General expropriation power [§51.25]
32 Authority to enter on and use property [§51.26]
33 Compensation for expropriation and other actions [§51.27]
34 Appropriation of stream channel or bed without compensation [§51.28]
Division 5—Highways
35 Ownership and possession of highways [§51.29]
36 General authority in relation to highways [§51.30]
37 Intermunicipal boundary highways [§51.31]
38 Temporary traffic restriction and traffic control [§51.32]
39 Additional powers in relation to highways [§51.33]
40 Permanent closure and removal of highway dedication [§51.34]
41 Restrictions in relation to highway disposition, closure or alteration [§51.35]
42 Agreements respecting compensation for extraordinary traffic [§51.36]
43 Agreements respecting municipal equipment on utility poles [§51.37]
44 Agreements to reserve land for highway purposes [§51.38]
45 Highway construction and dikes [§51.39]
46 Use of highways and public places [§51.40]
Division 8—Building Regulation
56 Requirement for geotechnical report [§51.41]
57 Note against land title that building regulations contravened [§51.42]
58 Cancellation of note against land title [§51.43]
Division 12—Remedial Action Requirements
80 Recovery of municipal costs through sale of property [§51.44]
Part 5—Municipal Government and Procedures
Division 5—Officers and Employees
146 Officer positions [§51.45]
148 Corporate officer [§51.46]
Division 7—Other Matters
159 Notice to municipality [§51.47]
160 Notice by municipality: obligation satisfied if reasonable effort made [§51.48]
162 Certified copies of municipal records [§51.49]
163 Evidence of municipal bylaws and other records [§51.50]
Part 7—Municipal Revenue
Division 1—General
192 General revenue sources [§51.51]
193 Authority for fees and taxes [§51.52]
Division 3—Property Value Taxes
197 Annual property tax bylaw [§51.53]
198 Assessment averaging and phasing options [§51.54]
198.1 Development potential relief [§51.55]
199 Property tax rates regulations [§51.56]
Division 4—Parcel Taxes
200 Parcel tax bylaw [§51.57]
201 Property subject to parcel tax [§51.58]
202 Parcel tax roll for purpose of imposing tax [§51.59]
203 Content of parcel tax roll [§51.60]
Division 5—Local Service Taxes
210 Authority for local area services [§51.61]
211 Requirements for establishing a local area service [§51.62]
216 Local service taxes [§51.63]
Division 6—Statutory Exemptions
220 General statutory exemptions [§51.64]
221 Grandparented pollution abatement exemptions [§51.65]
221.1 Grandparented dust and particulate matter eliminator exemptions [§51.66]
222 Phased farm property tax exemption [§51.67]
223 Exemptions under regulations [§51.68]
Division 7—Permissive Exemptions
224 General authority for permissive exemptions [§51.69]
225 Partnering, heritage, riparian and other special exemption authority [§51.70]
226 Revitalization tax exemptions [§51.71]
227 Notice of permissive tax exemptions [§51.72]
Division 8—Tax Liability of Occupiers
228 Taxation of Crown land used by others [§51.73]
229 Taxation of municipal land used by others [§51.74]
230 Taxation of occupier of exempt land [§51.75]
Division 9—General Revenue Collection Authority
231 Recovery of taxes and fees [§51.76]
232 Collection agreements with other taxing authorities [§51.77]
Division 10—Property Tax Due Dates and Tax Notices
232.1 Definition and application of section 160 [§51.78]
233 Options for tax due dates [§51.79]
234 General tax collection scheme [§51.80]
235 Alternative municipal tax collection scheme [§51.81]
236 Owner may elect which scheme to use [§51.82]
237 General tax notices [§51.83]
238 Persons may request copies of tax notices [§51.84]
Division 11—Adjustments to Taxes
239 Interest on overpayment of taxes [§51.85]
240 Adjustments for assessment changes [§51.86]
241 Taxation based on supplementary roll [§51.87]
242 Apportionment of property value taxes if land subdivided [§51.88]
243 Apportionment of parcel taxes if land subdivided [§51.89]
Division 12—Payment of Taxes
244 Application of tax payments [§51.90]
245 Taxes in arrear [§51.91]
246 Delinquent taxes [§51.92]
247 Treatment of outstanding taxes on subdivision or cancellation of subdivision [§51.93]
248 Statement of outstanding taxes [§51.94]
249 Certificate of outstanding taxes [§51.95]
Division 13—Recovery of Taxes
250 Taxes are a special charge on the land [§51.96]
251 Liability of assessed owner [§51.97]
252 Recovery of taxes by the legal remedy of distress [§51.98]
253 Power to accept real property in place of taxes [§51.99]
254 Tax sales [§51.100]
255 Notice of delinquent taxes on Crown land [§51.101]
256 Recovery of taxes on Crown land subject to an agreement for sale [§51.102]
257 Recovery of taxes on Crown land held under lease or licence [§51.103]
Division 14—Recovery of Special Fees
258 Special fees may be collected as property taxes [§51.104]
259 Special fees that are liens against property [§51.105]
Schedule—Definitions and Rules of Interpretation
1 Definitions [§51.106]
2 Application of Local Government Act definitions [§51.107]
4 References to municipal officers [§51.108]
Part 1—Purposes and Interpretation
1 Purposes of this Act [§51.110]
2 Definitions and other interpretation rules [§51.111]
Division 4—Specific Powers in Relation to Municipal Letters Patent
Additional powers where former municipality dissolved when new municipality incorporated [§51.112]
Part 2—Incorporation of Municipalities and Regional Districts
Division 5—Municipal Incorporation or Boundary Changes: Related Matters
36 Collection of taxes in relation to municipal boundary changes [§51.113]
39 Rights and liabilities not affected by reissue of letters patent [§51.114]
Part 5—Regional Districts: Purposes, Principles and Interpretation
185 Purposes of regional districts [§51.115]
186 Principles for regional district-provincial relations [§51.116]
187 Broad interpretation [§51.117]
189 References to regional district officers [§51.118]
Part 6—Regional Districts: Governance and Procedures
Division 1—Regional Districts and Their Boards
193 Regional district corporations [§51.119]
194 Board as governing body [§51.120]
195 Area of jurisdiction [§51.121]
Division 10—Other Matters
246 Giving notice to regional districts [§51.122]
247 Notice by regional district: obligation satisfied if reasonable effort made [§51.123]
Part 8—Regional Districts: General Powers and Responsibilities
Division 5—General Property Powers
278 Reservation and dedication of land for public purpose: application of Community Charter [§51.124]
279 Control of Crown land parks dedicated by subdivision [§51.125]
280 Disposition of regional parks and trails [§51.126]
281 Exchange of park land: application of Community Charter [§51.127]
Part 9—Regional Districts: Specific Service Powers
Division 1—Building Regulation
297 Authority requires regional district service [§51.128]
298 Building regulation bylaws [§51.129]
Division 3—Drainage, Sewerage and Related Matters
313 Appropriation of stream channel or bed [§51.130]
Part 10—Regional Districts: Service Structure and Establishing Bylaws
Division 1—General Service Powers
332 General authority for services [§51.131]
Part 11—Regional Districts: Financial Management
Division 5—Fees, Charges and Interest
397 Imposition of fees and charges [§51.132]
398 Interest calculation [§51.133]
399 Special fees and charges that are to be collected as taxes [§51.134]
400 Special fees and charges that are liens against property [§51.135]
Part 14—Planning and Land Use Management
Overview of Part 14 [§51.136]
455 Definitions in relation to this Part [§51.137]
Division 5—Zoning Bylaws
483 Housing agreements for affordable housing and special needs housing [§51.138]
Division 6—Development Approval Information Requirements
484 Development approval information [§51.139]
485 Development approval information areas or circumstances [§51.140]
486 Bylaw authority in relation to development approval information [§51.141]
487 Requirement to provide development approval information [§51.142]
Division 7—Development Permits
488 Designation of development permit areas [§51.143]
489 Activities that require a development permit [§51.144]
490 Development permits: general authority [§51.145]
491 Development permits: specific authorities [§51.146]
Division 8—Temporary Use Permits
492 Designation of temporary use permit areas [§51.147]
493 Temporary use permits for designated areas and other areas [§51.148]
494 Public notice and hearing requirements [§51.149]
495 Permit conditions: undertakings respecting land [§51.150]
496 Permit conditions: additional security requirements [§51.151]
497 Term of permit and renewal of permit [§51.152]
Division 9—Development Variance Permits
498 Development variance permits [§51.153]
498.1 Delegation of power to issue development variance permit [§51.154]
499 Notice to affected property owners and tenants [§51.155]
Division 10—Other Permits and Permit Matters
501 General land use permit matters [§51.156]
502 Requirement for security as condition of land use permit [§51.157]
503 Notice of permit on land title [§51.158]
504 Permit lapses if relevant construction not substantially started [§51.159]
Division 11—Subdivision and Development: Requirements and Related Matters
506 Subdivision servicing requirements [§51.160]
507 Requirements for excess or extended services [§51.161]
508 Latecomer charges and cost recovery for excess or extended services [§51.162]
509 Completion of required works and services [§51.163]
510 Requirement for provision of park land or payment for parks purposes [§51.164]
513 Requirement to provide land for new highway or widening existing highway [§51.165]
514 Subdivision to provide residence for a relative [§51.166]
Division 12—Phased Development Agreements
515 Definitions in relation to this Division [§51.167]
516 Phased development agreements [§51.168]
520 Subdivision approval for land subject to phased development agreement [§51.169]
521 Notice of phased development agreement on land title [§51.170]
Division 16—Discharge and Termination of Land Use Contracts
545 Application to land use contracts under previous legislation [§51.171]
546 Amendment and discharge of land use contract [§51.172]
547 Termination of all land use contracts in 2024 [§51.173]
548 Process for early termination of land use contract [§51.174]
549 Notice of termination [§51.175]
550 Discharge of terminated land use contract [§51.176]
Part 15—Heritage Conservation
Division 2—Notices Under This Part
594 Notice on land titles [§51.177]
Division 7—Remedies and Offences
620 Notice of contravention may be filed in land title office [§51.178]
Part 16—Municipal Provisions
Division 7—Annual Municipal Tax Sale
651 Purchaser to give authority to register tax sale title [§51.179]
652 Collector to provide certificate of sale [§51.180]
656 Notice of tax sale must be filed in land title office [§51.181]
657 Owners must be given notice of tax sale and redemption period [§51.182]
658 Assessment and taxes during redemption period [§51.183]
660 Redemption by owner [§51.184]
662 Notice of redemption to be filed in land title office [§51.185]
663 Registration of tax sale purchaser as owner [§51.186]
664 Refusal of registration [§51.187]
665 Effect of tax sale on rights of owners [§51.188]
666 Action by owner to have tax sale set aside [§51.189]
667 Court may reinstate taxes if sale set aside [§51.190]
668 Council authority to cancel sale in case of error [§51.191]
669 Restrictions on legal actions in relation to tax sale [§51.192]
671 Procedure if purchaser under agreement for sale defaults [§51.193]
Part 17—Improvement Districts
Overview of Part 17 [§51.194]
Schedule—Definitions and Other Interpretation Matters
1 Definitions [§51.195]
2 Application of Community Charter definitions [§51.196]
4 [Repealed] [§51.197]
5 Application of Escheat Act [§51.198]
Overview of the Municipal Replotting Act [§51.200]
Table of Concordance—1996 to 2015 [§51.202]
Table of Concordance—2015 to 1996 [§51.204]
Overview of the Partition of Property Act [§52.1]
1 Definitions [§52.3]
2 Parties may be compelled to partition or sell land [§52.4]
3 Pleadings [§52.5]
4 Parties to proceeding and persons entitled to notice [§52.6]
5 Proceedings if parties cannot be served [§52.7]
6 Sale of property where majority requests [§52.8]
7 Sale in place of partition [§52.9]
8 Purchase of share of person applying for sale [§52.10]
9 Persons under disability [§52.11]
10 Court may allow interested parties to bid [§52.12]
11 Money arising from sale subject to court order [§52.13]
12 Application of money without court order [§52.14]
13 Investment of money [§52.15]
14 Interests of persons if service of notice dispensed with [§52.16]
15 Abatement in favour of parties previously excluded [§52.17]
16 Costs [§52.18]
17 Application of Land Title Act [§52.19]
Overview of the Perpetuity Act [§53.1]
1 Definitions [§53.3]
2 Application of Act [§53.4]
3 Application of remedial provisions [§53.5]
4 Rules not applicable to benefit trusts [§53.6]
5 Application to the government [§53.7]
6 Rule against perpetuities [§53.8]
7 Eighty year perpetuity period permitted [§53.9]
8 Possibility of vesting beyond period [§53.10]
9 Presumption of validity [§53.11]
10 Determination of perpetuity period [§53.12]
11 Reduction of age [§53.13]
12 Exclusion of class members to avoid remoteness [§53.14]
13 General cy pres provision [§53.15]
14 Presumptions and evidence as to future parenthood [§53.16]
15 Application to court to determine validity [§53.17]
16 Interim income [§53.18]
17 Saving provision and acceleration of expectant interests [§53.19]
18 Powers of appointment [§53.20]
19 Administrative powers of trustees [§53.21]
20 Options to acquire reversionary interests [§53.22]
21 Commercial transactions [§53.23]
22 Easements, profits-à-prendre [§53.24]
23 Possibilities of reverter and conditions subsequent [§53.25]
24 Specific noncharitable trusts [§53.26]
25 Accumulations of income [§53.27]
Overview of the Personal Property Security Act [§54.1]
Part 1—Interpretation and Application
1 Definitions and interpretation [§54.3]
2 Scope of Act: security interests [§54.4]
4 Exclusions from scope of Act [§54.5]
Part 3—Perfection and Priorities
36 Security interests in fixtures [§54.6]
37 Security interests in crops [§54.7]
Part 4—Registration
49 Registration in land title office [§54.8]
Part 6—Miscellaneous
72 Service of statements, notices and demands [§54.9]
74 Conflicts with specific legislation [§54.10]
77 Transition: applicable law [§54.11]
Overview of the Property Law Act [§55.1]
1 Definitions [§55.3]
2 Rights in completing sale of land [§55.4]
3 Summary application to court [§55.5]
4 Vendor to deliver registrable instrument [§55.6]
5 Transferor to deliver registrable instrument [§55.7]
6 Vendor or transferor to register own title [§55.8]
7 Transferor to provide registrable description [§55.9]
8 Disposition of interests and rights [§55.10]
9 Right of first refusal [§55.11]
10 Certain interests prohibited or permitted [§55.12]
11 Tenancy in common [§55.13]
12 Spouses separate [§55.14]
13 Remedy of co-owner [§55.15]
13.1 Actions of account [§55.16]
14 Court may order lien and sale [§55.17]
15 Transfer of land by instrument [§55.18]
16 Execution without seal [§55.19]
17 Interpretation of an instrument [§55.20]
18 Rules for transfer and ownership to oneself [§55.21]
19 Words of transfer [§55.22]
20 Definitions [§55.23]
21 Implied covenant in a mortgage or agreement for sale [§55.24]
22 Direct action against current owner [§55.25]
23 Extinguishment of liability under the personal covenant [§55.26]
24 No personal liability if new purchaser approved by lender [§55.27]
25 Benefit of restrictive covenant [§55.28]
26 Power to subdivide and dedicate [§55.29]
27 Attorney cannot sell to self [§55.30]
27.1 Validity of sale, transfer or charge by attorney to self [§55.31]
28 Further advances by mortgagee [§55.32]
29 Mortgage subject to registered interests [§55.33]
30 Effect of mortgage by purchaser [§55.34]
31 Consolidation of mortgages [§55.35]
32 Enforcement of personal covenant [§55.36]
33 Statement from mortgagee [§55.37]
34 Right to enter and repair [§55.38]
35 Court may modify or cancel charges [§55.39]
36 Encroachment on adjoining land [§55.40]
37 Damages for loss of bargain due to defective title [§55.41]
38 Effect of merger on subleases [§55.42]
39 Citizenship [§55.43]
40 Vendor disclosure [§55.44]
41 Regulations for section 40 [§55.45]
42 Residential real estate—right of rescission [§55.46]
43 Regulations for section 42 [§55.47]
Overview of the Property Transfer Tax Act [§56.1]
1 Definitions and interpretation [§56.3]
1.1 Fair market value of land with industrial improvements [§56.4]
1.2 Fair market value of property subject to certain interests [§56.5]
1.3 Fair market value if improvement on more than one parcel [§56.6]
1.4 Proposed strata lots—determination of fair market value [§56.7]
2 General tax imposed [§56.8]
2.001 Additional tax imposed—anti-avoidance rule [§56.9]
2.01 Definitions in relation to additional tax imposed [§56.10]
2.02 Additional tax imposed [§56.11]
2.03 Additional tax imposed—calculation of tax if transaction includes non-residential property [§56.12]
2.04 Renumbered [§56.13]
2.1 Nisga’a exemption [§56.14]
2.2 Treaty first nation exemption [§56.15]
3 Rate of tax [§56.16]
3.01 Tax on residential property exceeding $3 million [§56.17]
3.1 Tax payable on registration of correcting transaction [§56.18]
4 Definitions in relation to first time home buyers’ program [§56.19]
4.1 Fair market value—property transferred by Habitat for Humanity [§56.20]
5 First time home buyers’ exemption [§56.21]
6 First time home buyers’ partial exemption [§56.22]
7 First time home buyers’ refund [§56.23]
8 First time home buyers’ program—obligations of transferee [§56.24]
9 First time home buyers’ program—unqualified transferee [§56.25]
10 First time home buyers’ exemption or refund retained [§56.26]
11 Lien for amount of exemption, refund or credit [§56.27]
12.01 Definitions in relation to new housing program [§56.28]
12.02 New housing exemption [§56.29]
12.03 New housing partial exemption [§56.30]
12.04 New housing refund if property contains residential improvement on registration date [§56.31]
12.05 New housing program—obligation of transferee if property contains residential improvement on registration date [§56.32]
12.06 New housing refund if property does not contain residential improvement on registration date [§56.33]
12.07 New housing program—unqualified transferee [§56.34]
12.08 New housing exemption or refund retained [§56.35]
12.09 Definitions for sections 12.09 to 12.12 [§56.36]
12.10 Transferee must not apply for both first time home buyers’ exemption or refund and new housing exemption or refund [§56.37]
12.11 Application to cancel first time home buyers’ application and obtain new housing credit [§56.38]
12.12 Application to cancel new housing application and obtain first time home buyers’ credit [§56.39]
12.13 Additional information to be included in return [§56.40]
12.14 Ministerial regulation-making power [§56.41]
13 Certifying the return [§56.42]
13.1 Electronic returns [§56.43]
13.2 Evidence of electronic returns [§56.44]
14 Exemptions [§56.45]
15 Partial exemption for certain residential transfers [§56.46]
16 Exemption for land subject to conservation covenant [§56.47]
26 Summary proceedings without action [§56.48]
28 Lien on land for taxes [§56.49]
32 Information sharing [§56.50]
32.1 Information-sharing agreements [§56.51]
32.2 Repealed [§56.52]
33 Access to records [§56.53]
34 Offences [§56.54]
34.01 Offences in relation to confidential information [§56.55]
34.1 Offences in relation to electronic returns [§56.56]
34.2 Administrative penalties [§56.57]
37 Power to make regulations [§56.58]
37.1 Regulations by the minister [§56.59]
36 (1) An absolute assignment, in writing signed by the assignor, not purporting to be by way of charge only, of a debt or other legal chose in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to receive or claim the debt or chose in action, is and is deemed to have been effectual in law, subject to all equities that would have been entitled to priority over the right of the assignee if this Act had not been enacted, to pass and transfer the legal right to the debt or chose in action from the date of the notice, and all legal and other remedies for the debt or chose in action, and the power to give a good discharge for the debt or chose in action, without the concurrence of the assignor.
(2) If the debtor, trustee or other person liable in respect of the debt or chose in action has had notice that the assignment is disputed by the assignor or anyone claiming under the assignor, or of any other opposing or conflicting claims to the debt or chose in action, the debtor, trustee or other person
(a) is entitled to call on the persons making the claim to interplead concerning the debt or chose in action, or
(b) may pay the debt or chose in action into court, under and in conformity with the Trustee Act .

1979-224-32.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land , vol. 2, para. 534.

No Common Law Right to Contract Out of Section 36

In dismissing a claim for specific performance later overturned on appeal, the trial judge held there was no common law right to contract out of the terms of s. 36 , because the common law does not recognize assignments. The appellate court said the partial assignment (by the purchaser to his wife and father) was valid as an equitable assignment. The court said the trial judge had erred in conflating the validity and enforceability of the assignments with the enforceability of the contract of purchase and sale, and that the defendants were obligated by the terms of that contract to transfer title to the original purchaser and assignees when the purchase price was tendered ( Guraya v. Kaila , 2019 BCSC 101 , reversed 2019 BCCA 367 , citing Brio Beverages (B.C.) Inc. v. Koala Beverages Ltd. , 1998 CanLII 6495 (BCCA) ; Regas Ltd. v. Plotkins , [1961] S.C.R. 566, 1961 CanLII 71 (SCC) , and Lee v. K-Leigh Holdings Ltd. , 1997 CanLII 2178 (BC SC) ).

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2020 Georgia Code Title 44 - Property Chapter 12 - Rights in Personalty Article 2 - Choses in Action § 44-12-22. Assignment of Choses in Action Arising Upon Contracts

Except as may be otherwise provided in Title 11, all choses in action arising upon contract may be assigned so as to vest the title in the assignee, but he takes it, except negotiable instruments subject to the equities existing between the assignor and debtor at the time of the assignment, and until notice of the assignment is given to the person liable.

(Orig. Code 1863, § 2224; Code 1868, § 2218; Code 1873, § 2244; Code 1882, § 2244; Civil Code 1895, § 3077; Civil Code 1910, § 3653; Code 1933, § 85-1803; Ga. L. 1943, p. 263, § 1; Ga. L. 1952, p. 225, § 9; Ga. L. 1982, p. 3, § 44; Ga. L. 1987, p. 3, § 44.)

- For note, "Wrongful Refusal to Pay Insurance Claims in Georgia," see 13 Ga. L. Rev. 935 (1979).

General Consideration
Requirements for Assignment of Choses in Action
Assignable Choses in Action
Rights of Parties

O.C.G.A. § 44-12-22 makes all choses in action assignable with full protection to the debtor as to all equities existing until the time of notice. Gilmore v. Bangs, 55 Ga. 403 (1875); Baer v. English & Co., 84 Ga. 403, 11 S.E. 453, 20 Am. St. R. 372 (1890); Hartford Fire Ins. Co. v. Amos, 98 Ga. 533, 25 S.E. 575 (1896); Herring v. First Nat'l Bank, 13 Ga. App. 492, 79 S.E. 359 (1913); Few v. Pou, 32 Ga. App. 620, 124 S.E. 372 (1924); Lamon v. Perry, 33 Ga. App. 248, 125 S.E. 907 (1924).

Except where contract involves relation of personal confidence, such as to show that the party conferring the rights must necessarily have intended them to be exercised only by that party upon whom they were actually conferred. Tifton, T. & G. Ry. v. Bedgood & Co., 116 Ga. 945, 43 S.E. 257 (1903); Adair v. Smith, 23 Ga. App. 290, 98 S.E. 224 (1919).

Intent of O.C.G.A. § 44-12-22. - The manifest intent of O.C.G.A. § 44-12-22 seems to be that the notice prescribed is intended to fix the status of all equities, and that, after such notice has been given, any equities subsequently arising are barred. Ellis v. Dudley, 19 Ga. App. 566, 91 S.E. 904 (1917).

To avoid disturbing the time-honored rule that none save the holder of the legal title can prosecute an action, O.C.G.A. § 44-12-22 provides that a regular assignment, in conformity to established custom, should operate to pass the legal title, and thus enable the assignee to maintain a suit in own name. Haug v. Riley, 101 Ga. 372, 29 S.E. 44, 40 L.R.A. 244 (1897).

- O.C.G.A. § 44-12-22 does not undertake to prescribe the manner in which choses in action may be assigned so as to vest the title. Haug v. Riley, 101 Ga. 372, 29 S.E. 44, 40 L.R.A. 244 (1897).

O.C.G.A. § 44-12-22 does not prohibit parties from providing that their contract shall not be assignable. Mingledorff's, Inc. v. Hicks, 133 Ga. App. 27, 209 S.E.2d 661 (1974).

O.C.G.A. §§ 9-12-21 and44-12-22 must be construed together harmoniously. Western Nat'l Bank v. Maverick Nat'l Bank, 90 Ga. 339, 16 S.E. 942, 35 Am. St. R. 210 (1892).

"Assigned" means transferred. Haug v. Riley, 101 Ga. 372, 29 S.E. 44, 40 L.R.A. 244 (1897).

- O.C.G.A. §§ 44-12-22 and44-12-24 distinguish damages to property and damages to person, and under them a right of action for damage to the person cannot be assigned, and a right of action for damage to property can be assigned. Benjamin-Ozburn Co. v. Morrow Transf. & Storage Co., 13 Ga. App. 636, 79 S.E. 753 (1913).

- In an executed sale, as distinguished from an executory contract to sell, where the instrument purports to make a present transfer of title, if the existence of the subject matter is not then actual or complete, it must at least be so potential as to amount to a present right in the vendor to a future interest or benefit; but where the instrument is merely an executory contract to sell, the parties may be bound, even though the subject matter is known to have neither an actual nor a potential existence, provided the agreement is not merely speculative, but contemplates an actual future delivery of the thing bargained for. Eibel v. Mechanics Loan & Sav. Co., 52 Ga. App. 349, 183 S.E. 133 (1935).

Cited in Murray & Co. v. Jones, 50 Ga. 109 (1873); Adams v. Robinson, 69 Ga. 627 (1882); Zellner v. Mobley, 84 Ga. 746, 11 S.E. 402, 20 Am. St. R. 390 (1890); Western Nat'l Bank v. Maverick Nat'l Bank, 90 Ga. 339, 16 S.E. 942, 35 Am. St. R. 210 (1892); Loudermilk v. Loudermilk, 93 Ga. 443, 21 S.E. 77 (1894); Peoples Bank v. Exchange Bank, 116 Ga. 820, 43 S.E. 269 (1902); Dean v. Bateman, 12 Ga. App. 253, 77 S.E. 102 (1913); Ellis v. Dudley, 19 Ga. App. 566, 91 S.E. 904 (1917); Fourth Nat'l Bank v. Odom, 147 Ga. 170, 93 S.E. 91 (1917); Garrard v. Milledgeville Banking Co., 168 Ga. 339, 147 S.E. 766 (1929); Macon Nat'l Bank v. Smith, 170 Ga. 332, 153 S.E. 4 (1930); Doepke v. Cocke, 45 Ga. App. 65, 163 S.E. 310 (1932); Southern Ry. v. Cole, 49 Ga. App. 635, 176 S.E. 512 (1934); National Fin. Co. v. Citizens Loan & Sav. Co., 184 Ga. 619, 192 S.E. 717 (1937); West v. Anderson, 187 Ga. 587, 1 S.E.2d 671 (1939); Delray, Inc. v. Reddick, 194 Ga. 676, 22 S.E.2d 599 (1942); Padgett v. Butler, 84 Ga. App. 297, 66 S.E.2d 194 (1951); Whatley v. Alto Corp., 211 Ga. 718, 88 S.E.2d 398 (1955); Mobley v. GMAC, 103 Ga. App. 584, 119 S.E.2d 804 (1961); S.M. & M. Realty Corp. v. Highlands Ins. Co., 123 Ga. App. 170, 179 S.E.2d 781 (1971); Ampex Credit Corp. v. Bateman, 554 F.2d 750 (5th Cir. 1977); Arrow Dyeing & Finishing Co. v. Clarklift of Dalton, Inc., 148 Ga. App. 693, 252 S.E.2d 197 (1979); Cobb Bank & Trust Co. v. American Mfrs. Mut. Ins. Co., 624 F.2d 722 (5th Cir. 1980); Dennard v. Freeport Minerals Co., 250 Ga. 330, 297 S.E.2d 222 (1982); Decatur N. Assocs. v. Builders Glass, Inc., 180 Ga. App. 862, 350 S.E.2d 795 (1986); Rome Hous. Auth. v. Allied Bldg. Materials, Inc., 182 Ga. App. 233, 355 S.E.2d 747 (1987); Hammond v. City of Warner Robins, 224 Ga. App. 684, 482 S.E.2d 422 (1997).

Assignment of chose in action must be in writing. Hawkes v. Mobley, 174 Ga. 481, 163 S.E. 494 (1932); Jarecky v. Arnold, 51 Ga. App. 954, 182 S.E. 66 (1935); Lumpkin v. American Sur. Co., 69 Ga. App. 887, 27 S.E.2d 412 (1943).

- Any language, however informal, will be sufficient to vest the title in the assignee, if it shows the intention of the owner of the chose in action to at once transfer it so that it will be the property of the transferee. Southern Mut. Life Ins. Ass'n v. Durdin, 132 Ga. 495, 64 S.E. 264, 131 Am. St. R. 210 (1909); Myers v. Adams, 14 Ga. App. 520, 81 S.E. 595 (1914); Peck v. Calhoun, 38 Ga. App. 764, 145 S.E. 528 (1928); Baker v. Sutton, 47 Ga. App. 176, 170 S.E. 95 (1933); Lumpkin v. American Sur. Co., 61 Ga. App. 777, 7 S.E.2d 687 (1940), later appeal, 69 Ga. App. 887, 27 S.E.2d 412 (1943).

Where the petition set forth a right in the petitioners, as assignees of a written option, to a reconveyance of described land upon the tender and offer to perform as made to the defendant, the court did not err in overruling the motion to dismiss the action. Barron v. Anderson, 204 Ga. 7, 48 S.E.2d 846 (1948).

- In order to infer an equitable assignment, such facts and circumstances must appear, as would not only raise an equity between the assignor and the assignee, but show that the parties contemplated an immediate change of ownership with respect to the particular fund in question, not a change of ownership when the fund should be collected or realized, but at the time of the transaction relied upon to constitute the assignment. Brown Guano Co. v. Bridges, 34 Ga. App. 652, 130 S.E. 695 (1925).

- It is not necessary that the fund attempted to be assigned shall be in actual existence at the time, for it is well settled that it is sufficient if it exists potentially. Brown Guano Co. v. Bridges, 34 Ga. App. 652, 130 S.E. 695 (1925).

- A partial assignment of a debt due the assignor will not vest in the assignee such a title to the part of the debt assigned as can be enforced in a common-law action, without a previous acceptance by the debtor. Rivers v. Wright & Co., 117 Ga. 81, 43 S.E. 499 (1903); Central of Ga. Ry. v. Dover, 1 Ga. App. 240, 57 S.E. 1002 (1907); Ison Co. v. Atlantic Coast Line R.R., 17 Ga. App. 459, 87 S.E. 754 (1916).

- An action at law by the assignee against a railway company, for that part of the wages earned by the assignor at the date of the assignment, cannot be maintained, unless the railway company assented to the assignment. Central of Ga. Ry. v. Dover, 1 Ga. App. 240, 57 S.E. 1002 (1907).

All choses in action arising upon contract, including accounts receivable, may be assigned so as to vest title and the right to sue on them in the assignee. William Iselin & Co. v. Davis, 157 Ga. App. 739, 278 S.E.2d 442 (1981).

Claim arising from breach of contract to become surety on a guano note is assignable. Adams v. Williams, 125 Ga. 430, 54 S.E. 99 (1906).

- A policy of insurance being a chose in action may be assigned so as to vest the title in the assignee, but the assignee takes it subject to the equities existing between the assignor and debtor at the time of the assignment. Morris v. Georgia Loan, Sav. & Banking Co., 109 Ga. 12, 34 S.E. 378, 46 L.R.A. 506 (1899); Sprouse v. Skinner, 155 Ga. 119, 116 S.E. 606 (1923); Baldwin v. Atlanta Joint Stock Land Bank, 189 Ga. 607, 7 S.E.2d 178 (1940); Parramore v. Williams, 215 Ga. 179, 109 S.E.2d 745 (1959).

After a life insurance policy has matured by the death of the insured, the policy may be assigned as any chose in action regardless of any stipulation in the policy. Progressive Life Ins. Co. v. Bohannon, 74 Ga. App. 617, 40 S.E.2d 564 (1946).

An assignment of an insurance policy for value received which recites that it "is an absolute assignment" is an absolute assignment as against the original beneficiary, and the insured under such an assignment will have no interest in the policy after assignment. Parramore v. Williams, 215 Ga. 179, 109 S.E.2d 745 (1959).

A beneficiary, having only a divestible interest which is not a vested right, is, in effect, divested of this interest by the assignment of an insurance policy subject to the payment of a debt. Ruis v. Bank of Albany, 213 Ga. 41, 96 S.E.2d 580 (1957).

- Trial court properly denied the appellant's motion to stay arbitration and granted the appellees' motion to compel arbitration because the assignment of the claims to the reinsurance company was valid and enforceable and, therefore, the reinsurance company could proceed as the sole claimant. McLarens Young Int'l, Inc. v. Am. Safety Cas. Ins. Co., 334 Ga. App. 819, 780 S.E.2d 464 (2015).

Subscription to capital stock of railroad company is a chose in action and assignable, and the assignee can enforce its payment under circumstances where the company could do so. Chattanooga R. & C.R.R. v. Warthen, 98 Ga. 599, 25 S.E. 988 (1896).

Any chose in action involving a property right may be assigned, and so a deed, as made after a breach, vested all the rights of the grantor as to this property, including the right to sue. Evans v. Brown, 196 Ga. 364, 27 S.E.2d 300 (1943).

- Automobile dealer had the right to assign a retail installment sales contract, and a discount deducted from the face amount of the contract when it was sold to a finance company was not a finance charge required to be disclosed by the dealer to the purchasers. Chancellor v. Gateway Lincoln-Mercury, Inc., 233 Ga. App. 38, 502 S.E.2d 799 (1998).

Chose in action based on tort is transferable where it directly involves right of property. Colter v. Livingston, 154 Ga. 401, 114 S.E. 430 (1922); Lamon v. Perry, 33 Ga. App. 248, 125 S.E. 907 (1924); Lumpkin v. American Sur. Co., 69 Ga. App. 887, 27 S.E.2d 412 (1943); Ricketts v. Liberty Mut. Ins. Co., 127 Ga. App. 483, 194 S.E.2d 311 (1972).

While action is pending for tort, there can be no legal assignment of the cause of action or of the damages to be recovered. Gamble v. Cent. R.R. & Banking Co., 80 Ga. 595, 7 S.E. 315, 12 Am. St. R. 276 (1888); Sullivan v. Curling, 149 Ga. 96, 99 S.E. 533, 5 A.L.R. 124 (1919); Colter v. Livingston, 154 Ga. 401, 114 S.E. 430 (1922).

Therefore, an action of deceit arising under O.C.G.A. § 51-6-2, which is a tort, is not assignable. Bates & Co. v. Forsyth, 64 Ga. 232 (1879).

- Where a surety company contracts to indemnify a bank against loss occasioned by the defalcation of any employee thereof, and upon an alleged defalcation by one of the bank's employees, the company pays the loss sustained by the bank upon the presentation to it by the bank of a claim of loss in accordance with the terms of the contract, the bank may properly transfer and assign its right of action against the employee to recover the amount of its loss to the company, and the surety company may maintain an action in its own name against the defalcating employee of the bank to recover the amount paid by it to the bank under the contract of indemnity made with the bank. Lumpkin v. American Sur. Co., 61 Ga. 777, 7 S.E.2d 687 (1940), later appeal, 69 Ga. App. 887, 27 S.E.2d 412 (1943).

Liability is asset assignable by trustee in bankruptcy of a corporation under an order of the referee in bankruptcy. Baker v. Sutton, 47 Ga. App. 176, 170 S.E. 95 (1933).

Transfer of note is fully within the terms of O.C.G.A. § 44-12-22. Jackson v. State, 5 Ga. App. 177, 62 S.E. 726 (1908).

- See Mordecai v. Stewart, 37 Ga. 364 (1867); Barron v. Walker, 80 Ga. 121, 7 S.E. 272 (1887); Akin v. Feagin, 90 Ga. 72, 15 S.E. 654 (1892); Nix v. Ellis, 118 Ga. 345, 45 S.E. 404 (1903); Central of Ga. Ry. v. King Bros. & Co., 137 Ga. 369, 73 S.E. 632 (1912); Southern Ry. v. Pitner & Raines, 17 Ga. App. 451, 87 S.E. 754 (1916).

Right of action on letter of credit is assignable. Adams v. Williams, 125 Ga. 430, 54 S.E. 99 (1906).

- Although a bond for title obligated the owners of certain land to make title thereto to the obligee, heirs, executors, and administrators, without adding assigns, it is nevertheless assignable under O.C.G.A. § 44-12-22. Fulcher & Co. v. Daniel & Son, 80 Ga. 74, 4 S.E. 259 (1887).

Architects' certificate is assignable. Timmons v. Citizens Bank, 11 Ga. App. 69, 74 S.E. 798 (1912).

- An entry in a bank book is equivalent to a receipt for money and is, consequently, evidence of a loan and of a contract for repayment on demand; as such, it is sufficient to establish the relation of debtor and creditor between the parties and it is assignable so as to vest a right of action in the assignee in the assignee's own name. Flanders & Huguenin v. Maynard, 58 Ga. 56 (1877).

Covenants are assignable. Tucker v. McArthur, 103 Ga. 409, 30 S.E. 283 (1898).

Right of heir to interest in ancestor's estate is assignable. Greenwood v. Greenwood, 178 Ga. 605, 173 S.E. 858 (1934).

Contingent right in certain real estate is assignable even though it is not at all certain that it would ever be transformed into a present right. Chattahoochee Holdings, Inc. v. Marshall, 146 Ga. App. 658, 247 S.E.2d 167 (1978).

- Although a debtor has no vested title or interest in an exemption at the time of its sale or assignment, the debtor has a chose in action and a potential right in the nature of a defeasible title, which is assignable. Eibel v. Mechanics Loan & Sav. Co., 52 Ga. App. 349, 183 S.E. 133 (1935).

An interest in the title to an exemption may be assigned in good faith to a creditor, not only before the exemption is set aside by the court, but even before bankruptcy proceedings are instituted. Eibel v. Mechanics Loan & Sav. Co., 52 Ga. App. 349, 183 S.E. 133 (1935).

O.C.G.A. § 44-12-22 inapplicable to bill of lading. Postell v. Avery & Co., 12 Ga. App. 507, 77 S.E. 666 (1913).

- The exclusive use of a person's name conveyed to a party for consideration may be assigned by that party in an enforceable contract. Fletcher v. Atlanta Bd. of Realtors, Inc., 250 Ga. 21, 295 S.E.2d 737 (1982).

- Appellate court properly affirmed the denial of summary judgment to a lawyer on a legal malpractice claim because in light of assignments allowable under O.C.G.A. §§ 44-12-22 and44-12-24, the Georgia Supreme Court agrees that the assignment of legal malpractice claims is not prohibited as a matter of law. Villanueva v. First Am. Title Ins. Co., 292 Ga. 630, 740 S.E.2d 108 (2013).

Georgia Supreme Court agrees with the Georgia Court of Appeals that legal malpractice claims are not per se unassignable. Villanueva v. First Am. Title Ins. Co., 292 Ga. 630, 740 S.E.2d 108 (2013).

Assignee can acquire no greater rights than the assignor had. Healey v. Morgan, 135 Ga. App. 915, 219 S.E.2d 628 (1975).

Contracting parties may waive or renounce what law has established in their favor provided such waiver or renunciation does not thereby injure others or affect the public interest. Young v. John Deere Plow Co., 102 Ga. App. 132, 115 S.E.2d 770 (1960).

Debtor under a conditional sale contract, by expressly agreeing not to set up as a defense to an action on the contract by the assignee thereof any claim the debtor may have had against the assignor of the contract, waived the right to plead failure of consideration in an action on the contract by the assignee, and such plea and the cross action for the down payment are without merit. Jones v. Universal C.I.T. Credit Corp., 88 Ga. App. 24, 75 S.E.2d 822 (1953); Young v. John Deere Plow Co., 102 Ga. App. 132, 115 S.E.2d 770 (1960).

Because third party failed to present sufficient evidence supporting its position that it had a right, as successor in interest, to sue on a creditor's account with the creditor's debtor in order to support that right, summary judgment in its favor in suit against the debtor was erroneously entered. Ponder v. CACV of Colo., LLC, 289 Ga. App. 858, 658 S.E.2d 469 (2008).

- If the agreement is for a consideration, it is binding on the same terms as any other agreement; and if it is executed, it needs no consideration. National Sur. Corp. v. Algernon Blair, Inc., 114 Ga. App. 30, 150 S.E.2d 256, rev'd on other grounds, 222 Ga. 672, 151 S.E.2d 724 (1966).

Claim of assignee of judgment is subject to such equities and defenses as may have existed in favor of the judgment debtor against the judgment creditor at the time of the assignment, but is not subject to rights which did not then exist in favor of such judgment debtor and of which the judgment debtor did not become possessed until some time later, as by the subsequent purchase of judgments against the judgment creditor. Sheffield v. Preacher, 175 Ga. 719, 165 S.E. 742 (1932).

Equities existing between assignor and debtor include the terms and conditions of the contract under which the indebtedness arose. National Sur. Corp. v. Algernon Blair, Inc., 114 Ga. App. 30, 150 S.E.2d 256, rev'd on other grounds, 222 Ga. 672, 151 S.E.2d 724 (1966).

- The equities between the maker and the payee, originating after a transfer to a third person, will not affect the rights of the holder, though the transfer is made after the note becomes due. Central Trust Co. v. Fargason, 21 Ga. App. 696, 94 S.E. 902 (1918).

- An assignee may sue in own name, but a mere equitable assignment or interest arising from paying for a chose in action, without written transfer, gives no right to sue upon it in the name of the equitable assignee. Florida Coca Cola Bottling Co. v. Ricker, 136 Ga. 411, 71 S.E. 734 (1911). See also Lamon v. Perry, 33 Ga. App. 248, 125 S.E. 907 (1924).

- Where the subject matter of a sale, purchase, and assignment is not a mere naked right of action, but assignable property, such as an execution, mortgage and note, the ownership carried with it a right to sue as an incident of such ownership. Reed v. Janes, 84 Ga. 380, 11 S.E. 401 (1890).

Upon the transfer to the plaintiffs of a bill of lading calling for a full quantity of corn, there is assigned to plaintiffs the right of action for the defendant's loss or conversion of a part of the corn. Askew & Co. v. Southern Ry., 1 Ga. App. 79, 58 S.E. 242 (1907).

Mere equitable title insufficient when plaintiff relies on title to recover possession of personal property wrongfully withheld from the plaintiff who must show a legal title; a mere equitable title will not suffice. Eibel v. Mechanics Loan & Sav. Co., 52 Ga. App. 349, 183 S.E. 133 (1935).

- An instrument, other than a draft, purporting to assign a sum of money to be paid out of a fund claimed to be in the hands of another, without describing the identical money intended to be conveyed, will not of itself convey legal title to any part of the fund which in fact may be in the hands of such other person; if anything is conveyed it is an equitable interest in the entire fund. Western & A.R.R. v. Union Inv. Co., 128 Ga. 74, 57 S.E. 100 (1907).

Choses in action are not subject to seizure and sale under executions based upon ordinary judgment, and can only be reached by the judgment creditor through a garnishment or some other collateral proceeding; and, inasmuch as such garnishment or collateral proceeding is necessary to fix the lien of the judgment so as to make it effective, an assignment of the chose in action by the debtor before the institution of such collateral proceeding passes to the assignee the property of the debtor in the chose in action assigned, freed from the lien of a general judgment previously rendered against the assignor. Greenwood v. Greenwood, 178 Ga. 605, 173 S.E. 858 (1934).

- Where a second assignment is of the entire chose in action, it vests in the assignee the legal title to the whole chose in action, and it is entitled to priority over the holder of a prior partial assignment of a chose in action to which the debtor of the assignor has not assented. King Bros. & Co. v. Central of Ga. Ry., 135 Ga. 225, 69 S.E. 113, 1912A Ann. Cas. 672 (1910).

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Home » Dictionary » Chose in action

Chose in action

A chose in action is a personal property right to an intangible object. In the case of Torkington v Magee [1902] 2 KB 427 a chose in action was defined as “personal rights of property which can only be claimed or enforced by action, and not taking physical possession”. This means that the only way to obtain possession of the claimed intangible rights is through either legal or equitable action.

The main example of a chose in action is a debt. A debt owed to a creditor is incapable of being physically possessed and can only be enforced by suing. The economic value of debt is a right to sue for its recovery. A critical aspect of a chose in action is that any paper documentation supporting the right is not in and of itself the proprietary right.

A chose in action is capable of being assigned both at law and in equity. The transfer of property at law in NSW is governed by section 12 of the Conveyancing Act 1919 (NSW). In order for a chose in action to be validly assigned at law the transfer must:

Be absolute, meaning that the transfer must be unconditional;
Be in writing and signed by the assignor (section 23C);
The person liable to the chose needs to be put on notice in writing of its assignment; and
Not necessarily be supported by consideration.

If an assignment of a legal chose in action fails at law, there is protection in equity for the transfer to be valid. Parties will be bound in equity if “by reason of some fact or circumstance which a court of equity regards as binding the legal owner in conscience to hold the property upon trust for the assignee” (see Kitto J in Olsson v Dyson (1969) 120 CLR 365.

Equity will bind a legal owner in conscience if:

The assignee has provided consideration for the assignment of the chose in action;
The assignor has done everything required to effect the transfer, despite not complying with statutory requirements; or

In the absence of consideration, equity will regard an assignor’s conscience as bound if they induce the assignee to act to their own detriment in reliance on the inducement (equitable estoppel).

Chapter 23. Assignment of Choses in Action.

Choses in Action

Paul McMahon Intangibles

Intangible Property

Most intangible property rights are so-called “choses in action”. A chose in action is a right asserted by legal action. The classic type of chose in action is a debt or an incontrovertible contractual obligation. It also includes a wide range of assets such as stocks, shares, insurance policies. The rights of a beneficiary under its trust is an equitable chose in action. The essential right of a partner is to an account of the partnership assets generally, on winding up.

Intellectual property rights cover a range of rights, which are protected by statute or common law. Copyright consists of a bundle of rights in respect of original works. They protect against copying. A patent protects an inventor of an invention for a period of 20 years. A trademark protects the goodwill associated, with particular goods. Other rights, such as industrial designs and semiconductor chip designs, enjoy similar statutory protection.

A range of other rights, such as confidential information and goodwill are protected by common law. Various rights and remedies are available from the courts to counter interference with such rights.

Nature of Chose in Action

A chose in action is a quasi-property right which may be ultimately asserted by legal action. The expression embraces a wide variety of assets and quasi-assets. The classes of chose in action vary in respect of their assignability and the nature of the rights and property concerned.

In broad terms, choses in action are divided into legal choses in action and equitable choses in action. However, there are choses in action outside of these categories and choses in action which are not enforceable in court but depend for their existence on other circumstances and factors.

A legal chose in action is one which was historically enforced by action at law (as opposed to in equity). Rights enforceable by action at law include rights under contracts, claims for unliquidated damages for breach of contract or a right of action based on tort. The right of the trustee to recover trust assets is a legal chose in action.

Equitable choses were those originally enforced by the courts of equity. They arise out of property rights over which the Chancery Court formerly had exclusive jurisdiction, including, in particular, equitable interests in property, shares in partnership and shares in funds.

Equitable rights to the property include beneficial interest under trusts, many interests in funds, reversionary interest in estates and shares in partnerships. Equitable choses in action include claims in equity for misfeasance, breach of trustee and relief against forfeiture.

Examples of Choses in Action

The following are examples of choses in action;

debts whether by contract or by instrument under seal;
mortgage debts;
debentures;
rights to rents;
tithes and annuities;
many interests in funds,
negotiable instruments,
promissory notes;
bills of exchange.
insurance policies;
charterparties.

A chose in action need not be evidenced by an instrument; such as for example;

patent rights;
dividends due;
contractual rights from a verbal contract.

Debts, Accounts and Policies

Certain types of assets are effectively legal claims, which can only be enforced by Court Action. A debt, insurance policy or bank account can be mortgaged by being assigned to the mortgagee as security. In order to complete the security, notice should be given to the debtor or the party who has the obligation to pay, who should in turn confirm and acknowledge such assignment.

An assignment and notice in writing is essential to give the assignee the right to sue and enforce the obligation in its own name. Failure to give notice does not render the assignment void. Instead, it means that it can only be enforced indirectly. The priority of assignments is determined by the date of notice to the debtor/covenanting party. Therefore, failure to give notice may cause priority to be lost, if a later assignment is notified first.

Security Assiignments

A security assignment may be taken over rents receivable, in the same manner as over any debt or third party liability. A formal security assignment is the best way to procure effective security. The tenant should be notified to pay the rent to a nominated account. This can be a very effective security, in the case of an investment property.

It is possible to create a fixed charge over monies due, such as accounts receivable (e.g. unpaid invoices). It is necessary that the borrower does not control the account and only makes withdrawals with the lender’s specific consent. It is often desirable for a lender to create a fixed charge over a borrower’s debtors as these may constitute a significant asset.

Many attempts to create a fixed charge over a receivable, leave the borrower with too much control, so that the such charges take effect if at all, as floating charges, with the consequent weaknesses and vulnerability. Certain Irish Revenue debts have priority over fixed charges over book debts.

There are very little limitations on what might be contained in a contract. Usually there are rights and obligations on the respective parties. One person’s rights are equivalent to the other person’s obligation. The obligations or rights “receivable” are often capable of assignment. This might comprise a right to payment or the right to require performance

The developer’s rights under a building contract and various associated contracts may be assigned by way of security to a bank. More commonly, the lender acquires direct rights that allow the lender or its nominee the option of assuming the rights and obligations of the borrower under the contracts.

Many contracts are not capable of assignment. There is a presumption that a contract may be assigned, unless it is expressed or implied otherwise. An assignment involves an outright transfer of the benefit of the contract. It is not possible to transfer the burdens or obligations under a contract.

It is possible to subcontract their performance to a third party. However it is a fundamental principle that a person who has undertaken obligations cannot get rid of his obligations by transferring or assigning them.

Bank Accounts

A bank account is a debt owed by the bank to the customer. The customer does not “own” the deposit as such and it is not property. Rather it is a claim against the bank. A debt, asset or receivable is mortgaged by assignment in writing followed by notice to the debtor.

Certain difficulties arise with a charge over a deposit with the lender itself. Generally, it is not possible to take a security charge over the mortgagee’s own debt (which is what the deposit is). There is a mechanism to avoid this difficulty and EU regulations have assisted and simplified this type of security.

Insurance Policies

The Policy of Insurance Act provides that an assignment of an insurance policy must be in writing, either by endorsing the policy or by a separate instrument. Written notice of the assignment must be given to the insurance company at their principal place of business. The company should acknowledge receipt of a notice.

A mortgage of an insurance policy takes the form of an assignment with a provision for re-assignment. The assignments take effect in order of notice.

A “legal” mortgage may be taken over shares by making a transfer of them to the mortgagee, subject to an agreement to re-transfer. The mortgagee will be registered as shareholder. It is not possible to note a mortgage on the register of shares of a company.

An “equitable” mortgage of shares can be taken by way of a transfer executed by the mortgagor, leaving the name of the transferee blank. The share certificate should also be delivered. It is possible to give a company a stop notice that entitles the mortgagee to notice of an application to transfer and gives the mortgagee the opportunity to obtain a restraining order.

Intellectual Property

A mortgage over intellectual property, which comprises patents or trade marks must be signed, transferred and registered on the Register. A mortgage is registered in the Patents Office. Mortgages have priority in order of registration.

The grant of security over the following assets must be registered in the Patents Office;

trade marks;
registered designs.

There is no register of copyright. A mortgage of copyright is taken by way of a transfer subject to an obligation to re-transfer upon redemption.

Assignability of Rights

It is possible to assign some, but not all, intangible rights. They are usually assigned by written assignment, followed by notice to the obligor (other party). Equitable interests may be created over intangible rights.

A right to sue for an indefinite amount, such as a right to compensation, is usually non-transferable on public policy grounds. Where, however, the transferee has a genuine interest in the litigation, an assignment may be permitted.

References and Sources

Irish Texts

Modern law of personal property in England and Ireland 1989 Bell

Consumer Law Rights & Regulation 014 Donnelly & White

Commercial Law White 2012 2 nd ed

Commercial & Economic Law in Ireland 2011 White

Commercial Law 2015 Forde 3 rd ed

Irish Commercial Precedents (Looseleaf)

Commercial & Consumer Law: Annotated Statutes 2000 O’Reilly

Irish Tort Legislation Fahey Irish Tort Legislation 2015

Personal Property Law: Text and Materials 2000 Sarah Worthington

Personal Property Law (Clarendon Law Series) 2015 Michael Bridge

The Law of Personal Property 2017 Professor Michael Bridge and Prof. Louise Gullifer

The Principles of Personal Property Law 2017 Duncan Sheehan

Crossley Vaines on Personal Property 1967 by J C Vaines

The Law of Bills of Sale 2017 James Weir

Palmer on Bailment 2009 Norman Palmer

The Reform of UK Personal Property Security Law: Comparative Perspectives 2012 John de Lacy

The Law of Personal Property Security 2007 Hugh Beale and Michael Bridge

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Chose in action

Practical law uk glossary 2-107-5828 (approx. 7 pages).

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Snapshot: can you assign a chose in action in BVI law?

25 October 2021

British Virgin Islands, Jersey

ON THIS PAGE

Christian Burns-Di Lauro

A chose in action means a property right or the right to possession of something that can only be obtained or enforced through legal action - it's an 'intangible', for example, a receivable, a right to recover money or a debt.

BVI statute does not currently provide for the legal assignment of a chose in action governed by BVI law and does not have an equivalent of Section 136 of the English Law of Property Act, 1925. As a consequence of this, any assignment of a chose in action will take effect as an equitable assignment only, regardless of whether notice is given by the assignor to the counterparty.

Where a chose in action is governed by BVI law and has been assigned in equity, if the assignee wishes to sue under the assigned contract it would be required to do so either with the assignor as a co-claimant or by adjoining the assignor as a defendant to any such claim.

For the reasons given above, it is common in the BVI for a chose in action to be transferred by way of novation rather than by way of assignment.

For more information on this topic, please contact our BVI banking and finance team.

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IMAGES

Assignment of Action, Chose in Action
Personal Property—Chose in Action—Assignment of Part of Debt or Legal
Assignment of Action, chose in action,
assignment of chose in action
Personal property—Chose in action—Assignment of judgment debt— Priority
Definition of Chose in Action

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LAW OF EQUITY: CHOSES IN ACTION
Askaree Equity
Kohlberg's Stages of Moral Development
Understanding the Assignment
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Evidence-Based Practice Step 3- Rapid Critical Appraisal

COMMENTS

Assignment of Choses in Action
A chose generally is a thing capable of being owned. Choses in action may be legal or equitable. Legal choses in action are rights which were enforceable or recoverable only by an action at Common law. This category of choses includes debts, benefits under a contract, insurance policies, copyrights, patents etc.
Assigning debts and other contractual claims
Section 136 of the Law of the Property Act 1925 kindly obliged. This lays down the conditions which need to be satisfied for an effective legal assignment of a chose in action (such as a debt). We won't bore you with the detail, but suffice to say that what's important is that a legal assignment must be in writing and signed by the assignor ...
Choses in Action & Rights to Sue: legal rights to sue
For an assignment of a legal chose in action to be effective by statute: it must be in writing, be absolute (the whole of the chose, unconditional and not a security interest), with notice to the debtor. If an assignment is ineffective by statute (for instance, an assignment of part of a debt), it still may be effective in equity. ...
22. Assignment of choses in action
Abstract. This chapter deals with the general law of assignment of choses in action. Beginning with the historically based difference between equitable and statutory assignment, it then explains what 'chose in action' and 'assignment' are before discussing the requirement that there be an existing and assignable chose in action or right as well as the requirement that a person who ...
Choses in Action
Freishtat, 274 Md. 404, 409 (Md. 1975), the court held that "a chose in action in tort is generally assignable, in the absence of a statutory prohibition, if it is a right which would survive the assignor and could be enforced by his personal representative.". Therefore, assignment of choses in action is possible if not expressly prohibited ...
ASSIGNMENT OF CHOSES IN ACTION
CONDITIONS FOR A VALID ASSIGNMENT OF CHOSES IN ACTION. In order for Section 25 (6) of the Judicature Act 1873 to apply, three conditions must be fulfilled: 6.1 The assignment must be absolute and not purport to be by way of charge only. An absolute transfer is a transfer of the whole not a part of the chose in action.
Why It Matters (Chapter 15)
Fourth, it explains how it is possible to assign parts of a chose in action, whether such chose be one arising at common law, or even in equity. Fifth, this chapter explains how equitable defences such as laches and 'clean hands' may have a wider role to play in connection with equtiable assignments than is usually assumed.
Choses in Action
Assignment of part of a chose in action. 33. Consideration, and voluntary assignment of an equitable chose in action. 34. Consideration and voluntary assignment of a legal chose in action. 36. Consideration and contracts to assign. 41. Notice as between assignee and debtor. 51. Nomination of trust corporation to receive notices.
Part II The Transfer of Intangible Property, 13 Equitable Assignment of
This chapter studies the requirements that are necessary for an effective assignment of choses in action. In order to effect the assignment or a chose in action: the assignor must have manifested an intention to transfer the chose; the thing being assigned must be a chose in action, in present existence, certain or capable of being ascertained; the identity of the assignee must be clear; and ...
27. Assignment Of Part Of A Chose In Action.
Assignment of part of a chose in action. | Unlike an assignment under the Law of Property Act 1925 1. ×. To view this document in full, take a free 7 day trial of LexisNexis and benefit from: Access to 20 million legal documents from over 1,600 Sources as part of our archive ...
Assignment and novation
an assignment of only part of the chosen in action; an assignment of which notice has not been given to the debtor; an agreement to assign. If the assignment is equitable rather than legal, the assignor cannot enforce the assigned property in its own name and to do so must join the assignee in any action.
Chose in action
chose in action. A right of proceeding in a court of law to obtain a sum of money or to recover damages. Examples include rights under an insurance policy, a debt, and rights under a contract. A chose in action is a form of property and can be assigned, sold, held in trust, etc. See also chose in possession.
Chose in Action
Chose in Action. Personal rights of property which can only be claimed or enforced by action and not by taking physical possession (as distinct from choses in possession, things capable of physical possession). Divided into legal and equitable choses in action, depending on whether they can be recovered or enforced by action at law (such as ...
Taking security over choses in action
A chose in action is an asset that can only be claimed or enforced by action at law or equity, rather than by taking physical possession of the asset. The note looks at how to take security over various types of choses in action such as rights under contracts, debts, financial instruments and cash deposits in bank accounts.
36 Assignment Of Debts And Choses In Action
36 (1) An absolute assignment, in writing signed by the assignor, not purporting to be by way of charge only, of a debt or other legal chose in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to receive or claim the debt or chose in action, is and is deemed to have been effectual in law, subject to ...
Georgia Code § 44-12-22 (2020)
No special form of words is necessary to make assignment of chose in action. ... - A partial assignment of a debt due the assignor will not vest in the assignee such a title to the part of the debt assigned as can be enforced in a common-law action, without a previous acceptance by the debtor. Rivers v. Wright & Co., 117 Ga. 81, 43 S.E. 499 ...
The Assignment of Choses in Action; Rights of Bona Fide Purchaser
ASSIGNMENT OF CHOSES IN ACTION 623. covenantor and debtor"; between the assignment of a contract as such, and the transfer of a debt which has arisen from the con- tract.4 It requires a statute to impair that freedom of transfer, which is part of the concept that a chose in action is really "prop-.
Chose in action
A chose in action is capable of being assigned both at law and in equity. The transfer of property at law in NSW is governed by section 12 of the Conveyancing Act 1919 (NSW). In order for a chose in action to be validly assigned at law the transfer must: Not necessarily be supported by consideration. If an assignment of a legal chose in action ...
Assigning the right to sue
In NSW, assignments of debts and choses in action are governed by section 12 of the Conveyancing Act. This provides that there is four criteria that must be met in order to effect a legal assignment: It must be an absolute assignment (so you cannot legally assign part of something, e.g. half a bank account if it was a debt); It must be in writing;
Chapter 23. Assignment of Choses in Action.
Chapter 23. Assignment of Choses in Action. § 28-2301. Assignment of judgment or money decree. § 28-2302. Assignment of bond or obligation. § 28-2303. Assignment of nonnegotiable contract. § 28-2304. General assignments including choses in action. § 28-2305. Contract to assign future salary or wages.
Choses in Action
A chose in action is a right asserted by legal action. The classic type of chose in action is a debt or an incontrovertible contractual obligation. It also includes a wide range of assets such as stocks, shares, insurance policies. The rights of a beneficiary under its trust is an equitable chose in action. The essential right of a partner is ...
Chose in action
Chose in action. Related Content. The bundle of personal rights over property which can only be claimed or enforced by action, and not by taking physical possession, for example, a cash balance at a bank or money due on a bond. End of Document. Also Found In . Miscellaneous: Legal Concepts;
Snapshot: can you assign a chose in action in BVI law?
A chose in action means a property right or the right to possession of something that can only be obtained or enforced through legal action - it's an 'intangible', for example, a receivable, a right to recover money or a debt.. BVI statute does not currently provide for the legal assignment of a chose in action governed by BVI law and does not have an equivalent of Section 136 of the English ...
Keeping Air Peace in the sky is a national assignment
By Emerhana Onoriode Paul Before now, international travels from Nigeria to any part of the world were more expensive than flying from countries in Africa with even longer flying time. According ...
MaxLife Focus
Join Apostle as he continues his discussion on How To Maximize Life's Situations

Assignment of Choses in Action

Assignment and Novation

Assignment and Equities

Assignability

Equitable Assignment

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Choses in Action

Intangible Property

Nature of Chose in Action

Examples of Choses in Action

Debts, Accounts and Policies

Security Assiignments

Bank Accounts

Insurance Policies

Intellectual Property

Assignability of Rights

References and Sources

Legal Guide has a Better Version of this Article

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Intangible Security

Chose in action

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News and insights

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