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Immovable vs. Movable Property Explained

The document discusses whether certain machinery and equipment are considered movable personal property or immovable real property based on how they are described in legal agreements and how physically attached they are. While some items like heavy machinery bolted to real estate would typically be considered immovable, the parties' intent as expressed in their contracts can override this if they agree to treat such items as personal property. Even if certain properties are normally immovable by nature, the parties are allowed to contractually treat them as movable personal property using the legal principle of estoppel. Trees and plants are considered immovable while still attached and drawing sustenance from the land but can become movable personal property once detached.

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Ana Hendrika de Rivera
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39 views1 page

Immovable vs. Movable Property Explained

The document discusses whether certain machinery and equipment are considered movable personal property or immovable real property based on how they are described in legal agreements and how physically attached they are. While some items like heavy machinery bolted to real estate would typically be considered immovable, the parties' intent as expressed in their contracts can override this if they agree to treat such items as personal property. Even if certain properties are normally immovable by nature, the parties are allowed to contractually treat them as movable personal property using the legal principle of estoppel. Trees and plants are considered immovable while still attached and drawing sustenance from the land but can become movable personal property once detached.

Uploaded by

Ana Hendrika de Rivera
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

 The fact that the disputed machineries were heavy, bolted or cemented on the real property mortgaged does

not make them ipso facto immovable under Article 415(3) and (5) as the parties’ intent has to be looked into.
Thus, where said properties appear to be immovable, they may be considered personal property as when they
are used as security for the payment of an obligation over which a chattel mortgage is executed. Even if the
proper- ties in question are considered immovable by nature, nothing detracts the parties from treating them
as chattels to secure an obligation under the principle of estoppel.

 In a case, the machines leased by petitioners were placed by them in the factory built on their own land. They
were essential and principal elements of their chocolate-making industry. Hence, al- though each of them was
movable or personal property on its own, all of them have become immobilized by destination, making them
real, not personal property pursuant to Article 415(5). However, since under the lease agreement the
machines in question were to be considered or treated as personal property, they were proper subjects of a
writ of replevin.

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

Movable Immovable
Once trees or plants are cut or up- They are immovable property
rooted, whether for firewood, or for “while they are attached to the land
lumber, or other use, they become or form an integral part of an
movable except in the case of immovable’’ (par. 2.) on the theory
uprooted timber, which according that they derive their existence or
to Manresa still forms an integral sustenance from the soil.
part of the timberland.

Under certain conditions, “growing Trees and plants are immovable by


crops or fruits’’ or “ungathered nature if they are the spontaneous
products or fruits’’ may be treated products of the soil and by
as personal property. It has been incorporation if they are produced
held that for purposes of by lands of any kind through
attachment, execution, and the cultivation or labor.
chattel mortgage law, they have the
nature of personal property.

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