Categories of immovables


There are four (4) categories of immovables under our property law.

[1] By nature. Land is naturally immovable. Buildings and roads are likewise immovable because of their nature. It can be said that fertilizer applied on land, by nature, cannot be moved.

[2] By incorporation. "Incorporation" means attachment. The rule is whatever is attached to an immovable becomes immovable if the removal will result in deterioration or breaking. It can be said that fertilizer applied on land cannot be removed because it is arguably "attached" thereto "in a fixed manner."

[3] By destination. "Destination" means purpose or intention. For example, if the purpose of a piece of machinery is to remain on an immovable to meet the needs of an industry or works carried out there on, said machinery is immovable by purpose. Another example would be ornaments intended to remain on an immovable and placed by the owner thereon.

[4] By analogy. Contracts over immovable are likewise immovable. Contracts follow, by analogy, the nature of their object.