What is Immovable Property?

The following are immovable property:

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

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

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;

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;

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;

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;

7) Fertilizer actually used on a piece of land;

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

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;

10) Contracts for public works, and servitudes and other real rights over immovable property. (Art. 415, CC)

What are the different classes of immovable?

1) Immovable by nature - those which cannot be moved from place to place 

       

e.g. land and roads (no. 1)

             mines, quarries and slag dumps (no. 8)

2) Immovable by incorporation - those which are attached to an immovable in such a manner as to form and integral part thereof

e.g. buildings and constructions of all kinds adhered to the soil (no. 1)

             trees, plants, and growing fruits (no. 2)

             everything attached to an immovable in a fixed manner (no. 3)

             statues, reliefs, paintings or other objects (no. 4)

3) Immovable by destination - those which are placed in an immovable for the use, exploitation or perfection of such immovable

       

e.g. nos. 4, 5, 6, 7, and 9 

4) Immovable by analogy - those which are considered immovables by operation of law

       

e.g. contracts for public works, and servitudes (no. 10)