Sunday, September 13, 2015

Immovable property

All property incorporeal as well as corporeal is movable or immovable. 

Property is immovable either by its nature or by its destination, or by reason of the object to which it is attached, or lastly by determination of law.

Lands and buildings are immovable by their nature.

Windmills and water-mills, built on piles and forming part of the buildings, are also immovable by their nature when they are constructed for a permanency.

Crops uncut and fruits unplucked are also immovable.

Accordingly as grain is cut and as fruit is plucked, they become movable in so far as regards the portion cut or plucked.

The same rule apply to trees; they are immovable so long as they are attached to the ground by their roots and they become movable as soon as they are felled. 

Movable things which a proprietor has placed on his real property for a permanency or which he has incorporated therewith, are immovable by their destination so long as they remain there.

Those things are considered as being attached for a permanency which are placed by the proprietor and fastened with iron and nails, embedded in plaster, lime or cement, or which cannot be removed without breakage, or without destroying or deteriorating that part of the property to which they are attached.

Mirrors, pictures and other ornaments are considered to have been placed permanently when without them the part of the room they cover would remain incomplete or imperfect.

All movable property, of which the law ordains or authorises the realisation, becomes immovable by determination of law, either absolutely or for certain purposes.

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