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Separation of Immovable Property
« on: November 14, 2019, 07:58:11 PM »
Effect of separation:
■ If the machines are still in the building, but no longer used in the industry conducted therein, the machines revert to the condition of a chattel.
■   The moment they are separated from the purpose of the industry (not necessarily from the immovable), they recover their condition as movables (Ago vs. CA 6 S 530)
■ On the other hand, if still needed for the industry, but separated from the tenement temporarily, the property continues to be an immovable, inasmuch as par 5 refers, not to real property by incorporation, but to real property by destination or purpose.

GR: Machinery attached to land or a tenement is considered immovable when the machinery is intended by the owner of the tenement for an industry or works w/c may be carried on in a building or on a piece of land, and w/c tend directly to meet the needs of the said industry or works.

Exception: When the machinery is placed on the land or tenant by a mere tenant, it is considered as movable property.

Exception to the exception: When:
a.   the tenant had promised to leave the machinery on the tenement or the land even after the lease expires
b.   the tenant acted only as an agent of the owner of the land

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