![]() ![]() For example, trees which are grown to be cut for commercial purpose as wood and timber are not considered as immovable property. If the tree comes under the category of standing timber then it cannot be considered as immovable property. ![]() Things that are deep-rooted in the earth like trees, plants, shrubs, etc, are considered immovable property. Are all the things attached to the earth immovable or are there any exceptions? To answer these question, Section 3 of Transfer of Property Act, 1882 explains immovable property as (a) rooted in the earth, as in the case of trees and shrubs (b) imbedded in the earth, as in the case of walls or buildings or (c) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached. Now the question arises for the classification of things as immovable property that are attached to the earth. Things attached to the earth are considered immovable property. Various activities including using the land for physical work, or using the water body on the land for fishing, etc, are considered as immovable property of the land. ![]() For instance, the rent acquired from a property or money or interest gained from the property. The benefits acquired from the immovable property are also considered immovable property. Property is usually claimed and treasured for the benefit of an individual. Various statutes define immovable property. Therefore, the immovable property includes land and substances permanently attached to the land. By the surface of the earth, we usually mean land or a real estate property. Immoveable Property, as the name suggests means property that cannot be moved or is fixed permanently on the surface of the earth. Things that cannot be moved and are permanently fastened to the earth are not moveable properties. Substances that are grown on immovable property and which are used legally for trade and other businesses come under a moveable property. Things that can be moved are moveable property unlike the things which are permanently attached to the earth are moveable property. According to Section 22 – “The words “movable property” are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.” (3) The Indian Penal Code – The Indian Penal Code also defines Moveable Property. ![]()
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