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AllBar 2024CIVIL LAWIV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONSA. Classification of Property1. Immovables and Movables - Civil Code, arts. 414-418

Question

Classification of Property: Immovables and Movables

Mr. Santos owns a piece of land in the province of Batangas. He decides to sell the land to Mr. Cruz. During the negotiations, they encounter a disagreement regarding the inclusion of certain structures and installations on the land. Mr. Santos claims that these structures should be considered as part of the immovable property, while Mr. Cruz argues that they should be classified as movables. They seek your legal advice on the matter.

Based on the Civil Code provisions on classification of property, particularly Articles 414-418, evaluate the following scenarios and determine whether the structures should be considered immovable or movable:

  1. Scenario 1: There is a residential house situated on the land. The house has been built using sturdy materials, firmly attached to the ground, and designed for permanent use.
  2. Scenario 2: On a separate area of the land, there is a concrete fence surrounding the property. The fence is built using precast panels, which can easily be removed and relocated to another location.
  3. Scenario 3: Within the property, there is a large mango tree that has been growing for several decades. The tree bears fruits annually and provides shade for the entire area.
  4. Scenario 4: Mr. Santos has installed a solar panel system on the rooftop of the house. The system is composed of solar panels, wires, and inverters, which generate and distribute electricity for personal use.
  5. Scenario 5: Adjacent to the land, there is a small shed used for storing gardening tools and equipment. The shed is built on wooden stilts and can be easily dismantled and relocated.



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Bar Review Question: Classification of Property: Immovables and Movables Mr. Santos owns a piece of land in the provinc