Legal Definitions - immovable

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Definition of immovable

In legal terms, an immovable refers to property that cannot be moved or is considered a permanent part of the land. This category primarily includes the land itself, along with anything permanently attached to it, such as buildings, structures, or objects that are so firmly affixed that their removal would cause significant damage to the property or the object itself.

Here are some examples to illustrate this concept:

  • A commercial office building: Imagine a multi-story office building located in a city center. This entire structure, from its foundation to its roof, is permanently constructed on a specific plot of land. It cannot be picked up and relocated. Therefore, the building and the land it occupies are both considered immovables.

    This example demonstrates an immovable because the building is a permanent fixture on the land, and the land itself is inherently stationary.

  • An extensive vineyard: Consider a large agricultural property dedicated to growing grapes for wine production. This includes the land, the thousands of grapevines planted in the soil, and any permanent irrigation systems or trellises installed to support the vines. These elements are all deeply integrated with the land.

    This illustrates an immovable because the land, the planted vines, and the fixed agricultural infrastructure are all permanently rooted or attached to the earth, making them impossible to move without fundamentally altering or destroying the vineyard.

  • A custom-built, wall-mounted aquarium in a restaurant: If a restaurant has a very large, custom-designed aquarium that is built into a wall, plumbed directly into the building's water system, and permanently integrated into the structure, it would be considered an immovable. Removing it would likely involve demolition of part of the wall and significant disruption to the building.

    This example shows an immovable because the aquarium is not a freestanding piece of furniture but rather an object so firmly and permanently attached to the building's structure and systems that it is considered part of the real property.

Simple Definition

An "immovable" refers to property that cannot be moved, encompassing land and anything so firmly attached to it that it is legally considered part of the land. This includes not only the earth's surface but also the ground beneath and the column of space above it.

The difference between ordinary and extraordinary is practice.

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