Property Essentials

Property Essentials

From the perspective of movability, property is divided into two main categories: movable property and immovable property.

Movable property consists of items that can be transferred from one place to another without causing damage. Immovable property, however, is inherently fixed, and its transfer normally leads to damage or loss of its essential character.

Examples of movable property include books, mobile phones, tables, and automobiles.
Examples of immovable property include land, buildings, doors, and windows.

An important legal principle to note is that property is presumed to be movable, and immovability is an exception. Therefore, whenever there is doubt as to whether a property is movable or immovable, it is treated as movable.

Categories of Property

Property may also be classified as follows:

• Movable and immovable
• Corpus and usufruct
• Fungible and non fungible
• Consumable and non consumable
• Ownerless property and owned property

Types of Immovable Property

Immovable property is divided into the following types:

• Intrinsically immovable
• Immovable by virtue of human action
• Legally immovable
• Accessory immovable

Intrinsically Immovable Property

This refers to property such as land, which by its very nature is not capable of transfer without losing its essential character.

Immovable Property by Virtue of Human Action

This refers to property that is attached to land, buildings, or trees, such as pipes installed within a building structure.

Legally Immovable Property

Certain movable items used in agriculture are treated as immovable for two legal purposes:

• Jurisdiction of courts
• Seizure of property

Regarding jurisdiction, if a dispute arises in connection with agricultural land and its equipment, the competent court is the court of the location of the land.

With respect to seizure, such items are also considered immovable. For example, if a person’s tractor is to be seized, it is seized on the agricultural land itself because it is treated as legally immovable.

For movable items to be considered legally immovable, two conditions must be met:

1. The owner of the agricultural land and the related property must be the same person.
2. The owner must have allocated those items specifically for agricultural use.

Accessory Immovable Property

Accessory immovable property consists of non visible rights and claims related to immovable property and includes two main categories:

• Rights
• Claims and lawsuits

Accessory immovable rights refer to any rights connected to immovable property and dependent on it. Examples include goodwill rights and usufruct rights over a house.

Accessory immovable claims include any legal actions related to immovable property, such as an action for eviction or recovery of possession.

Types of Movable Property

Movable property includes:

• Movable objects
• Movable rights

Movable Objects

These are any tangible items that can be transferred from one place to another without damage.

Movable Rights

Movable rights are divided into real rights and personal rights.

Real Rights

Any right attached to movable property is considered legally movable, such as the right of usufruct over a vehicle.

Personal Rights

As a general rule, all debts are treated as movable in terms of court jurisdiction. However, there are specific obligations that are exceptions and are treated as immovable, including:

1. An obligation to transfer immovable property, such as when the owner of a house undertakes to transfer ownership to another person.
2. An obligation to deliver immovable property. Transfer is a legal act, while delivery is a physical act. For example, when a person sells a house, they are obligated to deliver possession of it to the buyer.
3. An obligation to compensate for damage caused to immovable property. For instance, if a person damages a garden located in Shiraz, the competent court to hear the dispute is the court of Shiraz, because that is the location of the immovable property.

Frequently Asked Questions About Property Essentials