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UK Finally Amends Property Law to Recognize Cryptocurrencies and Digital Assets

UK Finally Amends Property Law to Recognize Cryptocurrencies and Digital Assets

Published:
2025-12-03 11:10:36
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UK finally amends property law to recognize cryptocurrencies and other digital assets

London just rewired its legal code for the digital age—and crypto finally gets a seat at the table.

The Property Law Shake-Up

For years, digital assets like Bitcoin and Ethereum floated in a legal gray zone across the UK. Were they property? Commodities? Something else entirely? That ambiguity created a minefield for investors and innovators alike. Now, Parliament has slammed the gavel down with a landmark amendment, explicitly recognizing cryptocurrencies and other digital holdings as property under the law.

Why This Is a Bigger Deal Than It Sounds

This isn't just bureaucratic paperwork. Legal clarity is the bedrock institutional money craves. By defining digital assets as property, the UK grants them critical protections: they can be held in trust, recovered in cases of fraud, and included in estate planning. It turns speculative tokens into legitimate, defendable assets—a green light for pension funds, family offices, and major investors who've been waiting on the sidelines.

The Ripple Effect

Expect a domino effect. With a clear legal framework, fintech firms can build more sophisticated products—think crypto-backed loans and complex derivatives with real legal recourse. Regulatory bodies like the FSA gain a stronger mandate to oversee the space, potentially curbing the 'wild west' reputation that has plagued crypto. It's a move that positions London not just as a financial hub, but as a digital asset hub.

A Cynical Take for the Finance Crowd

Of course, the old guard in The City might see this as merely catching up to where the money already is—after all, the smart money has been navigating these waters with expensive lawyers for years. This just makes it cheaper for everyone else to join the party.

The bottom line? The UK isn't just acknowledging crypto; it's building a legal fortress around it. This amendment cuts through years of uncertainty and paves a formal road for massive capital inflows. Forget waiting for a nod from regulators—the law itself just validated the entire asset class.

UK law will simplify ownership cases and facilitate stolen asset recovery

Under the current English and Welsh law, personal property generally falls into two categories: “things in possession” (examples are physical objects, like cars or jewellery) and “things in action” (intangible rights, such as debts).

But digital assets — including cryptocurrencies, non-fungible tokens (NFTs), stablecoins, and potentially other electronic “things” — did not fit neatly into either category. The new law changes that, establishing a third category: digital or electronic things, which may be regarded as personal property.

As the statute states, a “thing (including a thing that is digital or electronic in nature)” is not automatically excluded from being personal property solely because it does not fall into the traditional possession-or-action categories.

Freddie New, who heads policy at Bitcoin Policy UK and is the CEO of B HODL, views the new property law as a tremendous boon for Bitcoin users throughout the UK. 

Moreover, after the announcement of the bill’s enactment, the advocacy group CryptoUK gave similar remarks. It stated, “UK courts have already treated digital assets as property, but that was all through case-by-case judgments. Parliament has now written this principle into law. This gives digital assets a much clearer legal footing — especially for things like proving ownership, recovering stolen assets, and handling them in insolvency or estate cases. That’s why today matters.”

Under UK law, personal property is either a tangible object you can possess or an intangible right you can enforce. Nonetheless, the new law says digital possessions can still be considered personal property, even if they don’t appear to belong to either category. 

According to the Law Commission’s 2024 report, digital assets exhibit both aspects of both forms of property. Researchers have also found that the lagging legal categorization of such assets has significantly slowed down litigation.

About 12% of adults in the UK owned crypto assets in 2024

In another post on X, CryptoUK stated that the new legislation has created clearer protections for consumers and investors, with crypto holders being given a level of certainty similar to that of traditional property holders. It argued that digital assets are now securely owned, recoverable in the event of theft or fraud, and can be included in insolvency and inheritance procedures.

The law lays a strong legal groundwork for crypto ownership and transfer, which WOULD allow the UK to promote better innovation of financial products, real-world asset tokenization, and secure digital markets, it added.

Community members also claimed that for private investors, the property law secures their digital wealth, providing legal certainty and stability for companies related to cryptocurrency. 

According to the UK’s finance regulator, around 12% of adults owned crypto as of late last year, up from 10% previously. The government also announced in April that it would develop a regulatory system for crypto firms, aligning them more closely with traditional finance rules and enhancing the UK’s global standing in the sector.

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