Definition of IMMOVABLES


IMMOVABLES

civil law. Things are movable or immovable.
Immovables, res immobiles, are things in general, such as cannot
move themselves or be removed from one place to another. But this
definition, strictly speaking, is applicable only to such things as
are immovable by their own nature, and not to such as are so only
by the destination of the law.


>2. There are things immovable by their nature, others by their
destination, and others by the objects to which they are applied.

3. - 1. Lands and buildings or other constructions, whether
they have their foundations in the soil or not, are immovable by
their nature. By the common law, buildings erected on the land are
not considered real estate, unless they have been let into,
or united to the land, or to substances previously connected
therewith. Ferard on Fixt. 2.

4. - 2. Things, which the owner of the land has placed upon it
for its service and improvement, are immovables by destination, as
seeds, plants, fodder, manure, pigeons in a pigeon-house,
bee-hives, and the like. By the common. law, erections with or
without a foundation, when made for the purpose of trade, are
considered personal estate. 2 Pet. S. C. Rep. 137; 3 Atk. 13; Ambl.
113

5. - 3. A servitude established on real estate, is an instance
of an immovable, which is so considered in consequence of the
object to which it is applied. Vide Civil Code of Louis. B. 2, t.
1, c. 2, art. 453-463; Poth. Des Choses, 1; Poth. de la
Communante, n. 25, et seq; Clef des Lois Romaines, mot Immeubles.

Source: Bouviers Law Dictionary 1856 Edition

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