8/7/2019 property encoded notes

http://slidepdf.com/reader/full/property-encoded-notes 1/3

Par. 1

The building of strong materials with a rice-cleaning machinery was installed = real property

Contracting parties may validly stipulate real property as personal

A house on a rented land = personal

Even if property is immovable in nature, they can be personal under contracts

Buildings are immovables though they be treated separately from the land on which it stood

A mortgaged house on a rented land = personal property (it is not part of the land) (one only has a

temporary right to the same)

Chattel mortgage on immobilized machineries and equipment personal

Lease of immobilized machines personal. But even movable on its own, it can stil l be immovable if 

immobilized by destination

Par. 2

Trees, plants and growing fruits

Requirements: Ungathered, uncut

Par. 3

Everything attached to an immovable

Requisite: Intent to attach permanently essential

Par. 4

Statues, reliefs, paintings

Requisites:

1. Object placed by the owner

2. intent to attach permanently

Picture hanging on the wall personal property

Par. 5

Machinery, Receptacles instruments implements

8/7/2019 property encoded notes

http://slidepdf.com/reader/full/property-encoded-notes 2/3

1.  Placed by the owner of tenement or his agent tenant not included

2.  Industry or works must be carried on in a building or on a piece of land

3.  Must tend to directly meet the needs of the said industry or works

Furniture of a hotel and furnishing in a theater = real prop as they are immobilized.

Incidentals are not real property

If machines merely stored = personal property

Animal houses:

Impt: their owner has placed them or preserves the, with intention to have them permanently

attached to the land and forming a permanent part of the land

Animals = real property but once alienated = personal

Fertilizers - actually used on land

Mines quarries slag dumps unsevered, unearthed

Tests whether movable or immovable

1.  Whether property can be transported or carried from place to place

2.  Whether such change of location can be made without injuring the immovable to which the

object may be attached

3.  Whether object does not fall within any of the ten cases in 415

Consumable those which cannot be used in a manner appropriate to their nature without being

consumed

Fungible can be substituted by another thing of the same kind, quality, and quantity

Non-fungible cannot be replaced with equivalents

Property of Public Dominion Characteristics

1.  Outside the commerce of men

2.  Cannot be sold, leased, or subject of contracts3.  Cannot be acquired by prescription

4.  Cannot be encumbered, attached or subject to levy or sold at public acution

5.  Cannot be burdened witheasements

6.  Cannot be registered under Torrens system

Patrimonial property - property of state in its private or proprietary capacity

8/7/2019 property encoded notes

http://slidepdf.com/reader/full/property-encoded-notes 3/3

1.  May be acquired by prescription

2.  Be an object of a contract

3.  Municipal corporation has discretionary power to withdraw a street from public use- can

then become an object of ordinary contract

4.  Abandonment cannot be inferred from non-use Laurel vs Garcia

Patrimonial property of provinces, municipalities, cities

1.  If property is owned by municipality in its public and governmental capacity = public property,

congress has absolute control over it.

2.  If patrimonial= proprietary = congress has no control

Test as to capacity in which property is held:

1.  Dependent on the use: where it is intended and devoted

For a property to be public = it is enough that property be held and devoted for governmental

purposes like local admin, public education, public health, etc.