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Immovable Property

What are real properties according to the law?

Art. 415. The following are immovable property:

(1) Land, buildings, roads and constructions of all kinds adhered to the soil;

*These are immovable as they are more or less of a permanent structure independent and forms an integral part of the land. Land is immovable by nature and by definition.

(2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable;

*Since trees and plants are annexed to the land, they form part of it and may even be part of the property of the owner of the land in where they are attached. They are immovable if they are spontaneous products of the soil and incorporated to the land through cultivation and labor. They may either be immovable by incorporation or by nature.

(3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object;

*Another thing attached to another principal immovable would also make it immovable if the permanency of attachment of the thing is almost tantamount to its unification to the principal immovable that their separation would cause damage and deterioration. This is another example of immovable by incorporation.

(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements;

*It must be noted that these objects must be placed by their owners permanently to the land or building even if such land or building is not owned by him. The intent of the owner of the objects must be looked upon so as to know that he wanted to incorporate it permanently which would make these objects also immovables.

(5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works;

*For these objects to become immovable, these must be placed by the owner of the tenement or the property where these objects would be attached and where the industry or works would be carried. These objects must also be essential to said industry or works.

(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in these places are included;

*The constructions mentioned must be intended by the owner to be permanently a part of the land. The animals though can be transferred from place to place are also included.

(7) Fertilizer actually used on a piece of land;

*These are immovable by destination. If they are used, they form part of the land.

(8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant;

*While these resources remain unsevered, they are considered immovable.

(9) Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast;

*It can be inferred in the way they are constructed that they are to stay in fixed place and as a permanent fixture to their location.

(10) Contracts for public works, and servitudes and other real rights over immovable property. (334a)

*These are considered real property just because the law said so. Real property itself, produces real right or real right is always regarded as real property.

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To further understand and better differentiate Real Property  from a personal or movable property, real property may be immovable by:

  1. Immovable by nature or those which cannot be moved from one place such as those mentioned in Nos. 1 (with respect to lands and roads) and 8 in Art. 415 of the Civil Code
  1. Immovable by incorporation, or those which are attached to an immovable in a fixed manner as to form an integral part thereof like buildings, walls or fences, trees, statues, animal houses, it is placed in an immovable for the utility it gives to the activity carried thereon, such as machinery installed in a building to meet the needs of an industry in the building, and docks on a river or those mentioned in Nos. 1 (except lands and roads), 2, 3 and 4 of Art 415.
  1. Immovable by destination, or those which are placed in an immovable for the use, exploitation or perfection of such immovable, such as those mentioned in Nos. 4, 5, 6, 7 and 9 of Art. 415
  1. Immovable by analogy, or those which are considered immovable by operation of law because it is regarded as united to the property such as those mentioned in No. 10 of Art. 415

References:

De Leon, H., & De Leon, J. H. (2011). Comments and Cases on Property. Quezon City: Rex Printing Company, Inc.

Jurado, D. (1999). Civil Law Reviewer. Quezon City: Rex Printing Company, Inc.

The New Civil Code of the Philippines

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