- Statute
- Civil Code
- Article
- Art. 415
- Topic
- Immovable Property
- Status
- In force
- Book
- BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
- Title
- TITLE I CLASSIFICATION OF PROPERTY PRELIMINARY PROVISIONS
- Chapter
- CHAPTER 1 Immovable Property
- Formerly
- Art. 334a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The following are immovable property: (1) Land, buildings, roads and constructions of all kinds adhered to the soil; (2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable; (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; (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; (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; (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; (7) Fertilizer actually used on a piece of land; (8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant; (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; (10) Contracts for public works, and servitudes and other real rights over immovable property. (334a)
Intellegal Wiki · In plain terms
Enumerates what counts as immovable (real) property: land and buildings; roads and constructions adhering to the soil; trees, plants and growing fruits still attached to the land; things permanently attached so they can't be removed without damage; ornaments and machinery the owner installs for permanent use or for an industry on the land; certain animal enclosures and their animals; fertilizer in use; mines, quarries and waters; fixed docks; and contracts for public works and real rights over immovables.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Star Two (Spv-Amc) v. Paper City Corporation of the Philippines G.R. No. 169211
- Diana Barber v. Rolando Chua G.R. No. 205630
- Provincial Assessor of Agusan del Sur v. Filipinas Palm Oil Plantation G.R. No. 183416
- Capitol Wireless v. The Provincial Treasurer of Batangas G.R. No. 180110
- Fels Energy v. The Province of Batangas G.R. No. 168557