normal_post - Immovable objects by incorporation and destination - Philippine Laws Author Topic: Immovable objects by incorporation and destination  (Read 141 times)

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Immovable objects by incorporation and destination
« on: November 14, 2019, 02:49:15 PM »
Statues, reliefs, paintings or other objects for use or ornamentation, placed in building or on land by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements.

■   These are immovable both by incorporation and by destination. Examples:
o   A fixed statue in the garden of the house;
o   a permanent painting on the ceiling;
o   a picture embedded in the concrete wall of a house;
o   a rug or carpet fastened to the floor (wall-to-wall carpeting).

Notes:
1.   The objects must be placed by the owner of the immovable (buildings or lands) and not necessarily by the owner of the object.
2.   The owner of the building or land may act through his agent or if insane, through his duly appointed guardian.
3.   If placed by a mere tenant, the objects must remain chattels or personality (See Davao Sawmill v. Castillo, 61P709).
4.   Where the owner of a tenement entered into a contract with a lessee, stipulating that the lessee shall place certain objects in the property leased, and that such objects shall remain with the property upon the termination of the lease, without any obligation on the part of the owner to reimburse the lessee, it has been held that the tenant acts as an agent of the owner in giving by contract a permanent destination to them (See: Valdez vs. Central Altagracia, 255 U.S. 58).

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