immovables

Immovables, also referred to as real property or real estate in many legal traditions, are assets that cannot be moved without changing their essential character. They primarily comprise land and things permanently attached to it, such as buildings, structures, and perennial crops. In civil-law jurisdictions, the concept may extend to certain rights inseparable from the land, as well as fixtures that are firmly fixed to the land or a structure. In common-law contexts, immovables are understood as land and those fixtures that law treats as part of the real property.

Key distinctions exist between immovables and movables (personal property). Movables can be moved without altering their nature, whereas immovables are fixed in place and typically require formal procedures to transfer ownership.

Transfer and encumbrances: Ownership of immovables is usually transferred by a deed or title and must be recorded in a public land registry or cadastre. The registry provides evidence of title, defines boundaries, and records encumbrances such as mortgages, liens, easements, and servitudes. Ownership also entails obligations like property taxes, zoning compliance, and maintenance responsibilities.

Rights in rem: Immovables carry rights in rem—claims against the property that bind third parties, including ownership, encumbrances, and servitudes. Leases grant temporary, possessory interests in immovable property without transferring full ownership.

Fixtures: Items permanently installed or integrated into the land or a building generally become part of the immovable property, unless there is a specific agreement that they remain personal property.

Acquisition and tenure: Immovable property can be acquired by purchase, inheritance, accession, or prescription, depending on the jurisdiction. Tenure forms include freehold and leasehold, the latter conferring use rights for a defined period. Terminology and rules vary internationally, but the core concept centers on land and permanent attachments whose transfer and encumbrances are publicly recorded.