property encoded notes
TRANSCRIPT
8/7/2019 property encoded notes
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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
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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
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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.