ARCH 159: REAL ESTATE, REAL PROPERTY AND LAND

Property

Everything that can form part of a person’s estate, including corporeal (physical, tangible) things and incorporeal interests and rights.

Example of Corporeal

A plot of Land

Example of Incorporeal

Intellectual property

Right

A legally recognized valid claim of a subject to a certain object

Example of Right

Rent-A-Car Scam story

Property Right

Any legally recognized claim to a property or interest therein. It is a relationship between a person and property which was established and is held in accordance with the applicable requirements, and therefore recognized and protected by law

Lawful Claim

it is acknowledged/ recognized and protected by existing legal practice.

Unlawful Claim

it is in conflict with the law or when it is not acknowledge by law

Thing

A specific category of property, legally defined as a corporeal object outside the human body, and an independent entity capable of being subjected to legal sovereignty by a legal subject for whom it has use and value.

Five characteristics of a Thing

1. Corporeal

2. External to human

3. Independence

4. Subject to Juridical Control

5. Useful and Valuable to Humans

Corporeal

a thing must be tangible, be observable by using any five senses of human being and it must occupy space

External to Human

a human being cannot be a thing in law

Independence

It must be definite and distinct entity existing separately

Subject to Juridical Control

a corporeal entity that cannot be subjected to juridical control cannot be classified as a thing

Useful and Valuable to humans

a thing must be useful and destined to satisfy the needs of a legal subject, unless it satisfy these two, no legal relationship can exist between a corporeal thing and a legal subject

Classification of Things

1. Negotiable and Non-negotiable things

2. Singular and Composite things

3. Movable and Immovable things

4. Fungible and Non-fungible things

5. Consumable and Non-consumables

6. Divisible and Indivisible things

Negotiable Things

1. Res Alicuius

2. Res Nullius

3. Res Derelictae

4. Res Desperditae

Res Allicuius

Another Person’s Thing

Res Nullius

Nobody’s Thing

Res Derelictae

Abandoned things

Res Deperditae

Lost things or property

Res Alicuius

things are owned by a legal/natural person, things in deceased or insolvent estate

Res Nulius

things capable of being owned, which at a particular stage are not owned by anyone

Res Nullius

Ownership of these may be through appropriatio

Res Derelictae

things that are no longer within the physical control of the owner and in respect of which the owner has no longer the intention to be the owner (animus domini)

Res Deperditae

these are lost things and no longer within the physical control of the owner, but in respect of which the owner has not lost the intention to be the owner

Res Communes Omnium

Things belonging to all

Res Publicae

Public thing or public affair

Res Communes Omnium

natural resources falling outside legal commence and which are available to all people

Res publicae

things owned by state and used directly for the public benefit such as public roads, national parks, the sea, the beach, etc

Singular things

exist independently, they are not composed of particular components

Composite things

things consist in various component but they have lost their individuality

Fungible things

can be replaced with another thing of similar value

Non-fungible things

have individual characteristics making a thing non replaceable

Consumables

are consumed by normal use

Non-consumables

are essentially maintained despite wear and tear

Divisible

if it can be divided into smaller components without losing its nature and function without the value of the component being less than the original

Indivisible

cannot be divided without altering their value, nature or function

Two types of Property

1. Real Property

2. Personal Property

Real Property

Immovable property

Real Property

It is land which is the property of some person and all structures, integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads, among other things

Real Property

Improvements or fixtures

Example of Real Property

World Expo Pavilion

Fixture

artificial improvement

Fixture

considered real property, if that is how it is treated by the owners, if the attachment is considered permanent and if the parties to any sale treat it as much

Example of Fixtures

Water closet & plumbing system

Example of Real Property

Septic Tank, downspouts

Trade Fixture

pieces of property that a tenant affixes to a leased building or land for the purpose of conducting business

Trade Fixture

movable

Fixture

permanent

Immovable by Nature

those which cannot be moved from one place

Immovable by Nature

adhered to the soil (land, buildings, road, and construction)

Immovable by Nature

Building or structure even there is different owner sa land and the building

True or false: If demolished/ severed from the soil, the building materials become personal property

True

True or False: As long as there are no contracts that the real property is personal property then it is considered immovable by nature

True

True or False: As long as mines are not separated from the soil then it is considered as immovable by nature

True (if separated, minerals are considered movable)

Immovable by Incorporation

Adhered to the soil (trees, soil, plant)

Immovable by incorporation

Placed on an immovable thing

Immovable by Incorporation

there is attachment that is going on (If the thing is removed from the immovable thing and causes damage)

Immovable by incorporation

everything is attached

Immovable by Destination

Intention of the owner

Immovable by destination

Movable by nature but since the owner considered it as immovable then it is immovable by (answer)

Immovable by destination

If movable things are needed (ex. industry use of the land- machinery)

Immovable by destination

Movable things that are NEED and not by wants (ornaments, machinery, and breeding grounds)

Immovable by destination

Fixed structures that are intended to remain at a port, river

Immovable by analogy

if it is real rights

Immovable by analogy

any contract with a subject of immovable things considered to be immovable

Personal Property

Also known as chattels

Personal Property

includes everything movable

Personal Properties according to the law- susceptible of appropriation, preceding article

Those movables susceptible of _________ which are not included in the __________ __________

Personal Properties according to the law- False, real property if considered by the law will be personal property

True or False Why:
Real Property which by any provision by the law is not considered as personal property

Personal Properties according to the law- Nature, Science

Forces of _______ which is brought under control by ___________

Personal Properties according to the law- without causing impairment of the real property to which they are fixed

all things that can be transferred from place to place and without what?

Personal Properties according to the law- demandable sums

Obligations and actions which have their object movables, ________

Personal Properties according to the law-

agricultural, commercial, industrial

Shares of stock of __________, __________, _________, entities, although they may have real estate