Poles and steel supports or towers

of an electric company like Meralco

because they are merely attached
to a square metal frame by means
of bolts, could easily be dismantled,
and moved from place to place;

Furthermore, they are not intended

for industry or works on the land in
which they are constructed.

If the machinery is merely stored

in a building by the owner, and
not intended to be used by him,
it is movable property although
it tends directly to meet the
needs of the industry or works
carried therein.

 Where a tenant places the machinery under the express provision of lease that it shall become a part of
the plant belonging to the owner upon the termination of the lease without compensation to the lessee,
the tenant acts as an agent of the owner and the immobilization of the machinery arises from the act of
the owner in giving by contract a permanent destination to the machinery.

 By the installation of the machineries in a building and permanently attached to the ground for use in the
sawing of logs carried on in said building, the same became a necessary and permanent part of the
building or real estate on which the same was constructed, converting the said machineries into real
estate under paragraph (5). Consequently, the sale of the same by the sheriff was null and void.

(6) Animal houses, pigeon houses, beehives, fishponds or breeding places of similar nature.

 They are considered real property “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.’’ (par. 6.) In other words, the constructions mentioned must permanently
form part of the land and so intended by the owner. They are included in “constructions of all kinds
adhered to the soil’’ mentioned in paragraph 1.

 However, since such animals can, by their nature be moved from place to place without injury, they are to
be regarded as personal property in case of alienation and for purposes of the criminal law. They may
properly be the object of theft or robbery.

(7) Fertilizers actually used on a piece of land.

Movable Immovable
 Fertilizers kept in a barn are Fertilizers are immovable if they are
movable. actually used be- cause it is only
then when there can be no question
that they form part of the land.

Even fertilizers already on the land

for the cultivation of which they are
intended, but still in their
containers, should still be regarded
as movable property

(8) Mines, quarries, and slag dumps.

 They are considered immovable property “while the matter thereof forms part of the bed’’ (par. 8.), that
is, the matter thereof remains unsevered from the soil. Once severed, they become movable, for then
they are no longer mines, etc. but minerals.

 “Waters’’ which are immovables, such as a sea (as to that part which may be appropriated), river, or lake,
must not be confused with “water’’ itself which is plainly movable property. Waters, either running or
stagnant, are classified as immovables in most jurisdictions.

 Canals and aqueducts should also be considered as immovables.

(9) Docks and structures.

 “Though floating,’’ they are classified as real property if “in tended by their nature and object to remain at
a fixed place on a river, lake, or coasts.”

 Since “waters either running or stagnant’’ are considered immovables, it is logical that constructions that
are united to them in a fixed and permanent manner, such as “docks and structures’’ are also
immovables.

Ships or Vessels

Movable
Ships or vessels, whether moved by
steam or by oil, are considered
personal property under the civil
law.
Similarly, under the common law,
vessels are personal property
Immovable
Although vessels are considered
personal property (because they
can be moved from place to place),
they partake of the nature and
condition of real property on
account of their value and
importance in the world of
 although occasionally referred to as
a peculiar kind of personal
property. Since the term “personal
property’’ includes vessels, they are
subject to mortgage agreeably to
the provisions of the Chattel
Mortgage Law.
commerce.
Thus, the purchaser at public
auction of a vessel (pilot boat) who
was careful to register his
acquisition opportunely and on a
prior date, has a better right than
another who subsequently
registered his purchase.

(10) Contracts for public works and servitudes and other real rights over immovables.

 Ownership is real property if the thing owned is immovable and personal property, if movable. But a real
estate mortgage which is not registered in the Registry of Property cannot be classified as immovable
property, although it is valid as between the contracting parties.

 A personal right is always regarded personal property. The exception is in the case of contracts for public
works which are considered as real property.