Classification of Property

Question 1

What is a property?

Answer 1

Under the Civil Code, a property is defined as all things which are or may be the object of appropriation.

Any things that may be the object of a contract is considered as a property.

Question 2

What are immovable properties according to Article 1458 of the Civil Code?

Answer 2

Immovable properties are:

1.) Structures adhered on land, such as land, buildings, roads, and constructions.
2.) Trees and plants which are attached to the land, or forms an integral part therein.
3.) Things that cannot be separated from the real property without breaking or destroying the latter
4.) Statues, reliefs, or paintings placed by the owner with the intention of permanently affixing it to the real property
5.) Animal houses, bees, and ponds which are intended by the owner to be permanently affixed. The animals are a part of the immovable.
6.) Machines for construction intended for an industry or works which may be carried on a building or on a piece of land, which directly meet the needs of the said industry or works.
7.) Fertilizers already applied on land
8.) Quarries, mines, and its matters attached thereto
9.) Docks and floating structures intended to remain at a fixed place
10.) Contracts, servitudes, and real rights over immovable properties

Question 3

What are movable properties? Give examples each.

Answer 3

Movable properties are:

1.) Those not included on the provision of immovable properties. Examples are pen, paper.
2.) Things that are susceptible to be transferred without breaking or destroying the real property wherein it is attached. Examples are machineries not attached to the land and not needed for the industry conducted therein.
3.) Properties considered as personal property by law. Example is growing crops for the purpose of Chattel Mortgage Law.
4.) Force of nature. Examples are electricity, gas, nitrogen.
5.) Obligations and actions over personal properties. Example is a promissory note and the rights to collect therein.
6.) Share of stock of entities

Question 4

When is a machinery attached to land or a tenement considered as immovable? Give its exception. Give the exception to the exception.

Answer 4

A machinery attached to land or a tenement is considered as an immovable when it is intended by the owner for an industry or works, which may be carried on in a building or a piece of land, and it tends directly or serves a purpose on that industry or works.

It won’t be considered as an immovable if it is attached by a tenant. But, it may be considered as an immovable property when the tenant promised to leave the machinery after the end of the lease, or when the tenant only acted as an agent of the owner of the land or building.

Question 5

Differentiate consumable property from non-consumable property.

Answer 5

Consumable properties are immovable properties that cannot be used according to its nature without being consumed. Non-consumable properties on the other hand, are all properties that are do not fall within consumable properties.

Question 6

Differentiate property of public dominion from private ownership. Give examples each.

Answer 6

Properties of public dominion means ownership by the State in that the State has control and administration over the property. The State may use the property for commerce, as long as it remains for public use. Example for this are roads, city streets, public waters and public works.

Properties of private ownership on the other hand, are properties of the State that are not devoted to public use, public service, or the development of national wealth. It is wealth owned by the State in its private capacity. This is specifically called as patrimonial property. Examples for this are properties of public dominion that are no longer used for public use, or public service.

Properties owned by private persons are also considered as properties of private ownership.