FUNDAMENTALS OF PROPERTY OWNERSHIP

PROPERTY refers to things which are capable of satisfying human wants and needs and
are susceptible of appropriation.
Under Philippine law, specifically Article 414 of the New Civil Code, property is classified
into two: immovable or real property and movable or personal property. The distinction
between the two is very important as there are different laws regarding their acquisition,
use, loss, sale, registration, possession and so on.
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.
*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.