Notes on Property
Art 414 – all things may be considered as
Rules of Acquisitive Prescription:
-4 years in good faith uninterrupted possession otherwise 8 years
-10 years in good faith otherwise 30 years
Art 415 – Immovable Property ( does not define but enumerates)
A. By Nature – which by their essence and nature are immovable
1.Land, buildings, roads and constructions of all kinds adhered to the soil
8. Mines, quarries and slug dumps, while the matter thereof forms part of the bed, and waters either running or stagnant
B. By Incorporation – those which are treated as immovable by reason of their attachment to an immovable.
2. Trees, plants, and growing fruits, while they are attached to the land of 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.
7. Fertilizer actually used on a piece of land
C. By Destination – which are essentially movable, but by the purpose for which they have been placed, partake of the nature of the immovable.
4. Statutes, 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 o 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
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
D. By Analogy – par 10 Art 415.
10. Contracts for public works, and servitudes and other real rights over immovable property.
Rule if the building is erected on a land by another person – law makes no distinction whether the building is owned by the owner of the land, building is an immovable property regardless of whether or not said structure and the land on which it is adhered to belong to the same owner or erected by the owner of the land or by usufructuary or lessee.