(1)Property is all property wherever situated and includes—
(a)money;
(b)all forms of property, real or personal, heritable or moveable;
(c)things in action and other intangible or incorporeal property.
(2) “Recoverable property” and “associated property” have the same meanings as in Part 5.
(3)The following rules apply in relation to property—
(za)property is held by a person if he holds an interest in it;
(a)property is obtained by a person if he obtains an interest in it;
(b)references to an interest, in relation to land in England and Wales or Northern Ireland, are to any legal estate or equitable interest or power;
(c)references to an interest, in relation to land in Scotland, are to any estate, interest, servitude or other heritable right in or over land, including a heritable security;
(d)references to an interest, in relation to property other than land, include references to a right (including a right to possession).
Cases considering section 414 3
[2020] EWHC 822 (Admin) · 8 April 2020Defines
The court used section 414 to identify the meaning of property and the interest by which property is held or obtained. (see paras [30]; [38])
The court treated property as obtained where the person obtained an interest in it. (see para [38])
The relevant interest included any legal estate, equitable interest or power. (see para [30])
Property was treated as held where the person held an interest in it. (see para [30])
[2020] EWHC 432 (Admin) · 28 February 2020Defines
Defines obtaining property by reference to obtaining an interest in it. The court applied that definition, together with the definition of interest in land, to the Income Requirement. (see paras [27], [42]-[43])
Defines an interest in property by reference to legal estates, equitable interests and powers. The court used the definition to explain holding and obtaining property for UWO purposes. (see paras [27], [42])
[2009] EWHC 1960 (Admin) · 30 July 2009Interprets
The definition of property as property wherever situated supported the conclusion that the statutory scheme was not confined by territorial limits. (see paras [64], [67])
What each judgment says about section 414 is in the case-law panel in the full Act.