What are the Difference Between Movable and Immovable Properties

Property ownership can be challenging, especially if you are unclear about the different properties. Currently, there are multiple personal laws and statutes governing properties worldwide. Broadly speaking, there are two types of properties, movable and immovable properties.

Are you confused about these types? This article will help you understand the difference between movable and immovable property.

As the name suggests, a movable property refers to the type of property that one can easily move from one location to another. You do not have to change any of its qualities, such as size, shape, quantity, etc., such as books, utensils, jewellery, vehicles, furniture, etc., come under movable properties.

According to Section 2(9) of the Registration Act, 1908, movable properties include timber, crops and grass, fruits and fruit juice in trees. As per Section 22 of The Indian Penal Code, on the other hand, believes every property can be movable, except things permanently attached to the earth that are termed as immovable properties.

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Immovable properties are the exact opposite of movable properties. These cannot be moved easily from one location to another. According to Section 3(26) of the General Clauses Act, 1897, immovable properties include land and other things attached to or permanently rooted in the earth. In general, these include land or real estate properties.

As land comes under immovable property, the benefits arising from the land are also considered immovable. For instance, the rent acquired from such property or its interest will be considered immovable. Moreover, any object growing under the surface in its natural state is immovable such as minerals, natural vegetation, stones, etc.

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There can be innumerable movable properties, as these are anything and everything not rooted to the earth. Some of the common types of movable properties are as follows.

• Vehicles and electric devices
• Jewellery items and precious stones
• Books
• Trees cut and sold for timber purposes
• Growing crops and grass
• Royalty
• Decree on the rent money
• Promissory notes from government offices
• Machinery equipment not attached to the earth
• Stock shares

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When it comes to immovable properties, the categories are much limited. Here are the common types of properties that are considered immovable in India.

1. Things Rooted to Earth

This category comprises all the things that have their roots in the earth. These include trees and bushes. However, growing crops and grasses are not considered here. Moreover, trees cut and sold for timber purposes also become movable. If trees are used for shade or nourishment, they will be considered immovable as long as they are rooted.

2. Thing Embedded in the Earth

This category includes properties like houses, buildings, factories, natural water bodies and other real estate properties. These are all embedded and built upon the earth, hence immovable. However, properties like ship anchors cannot be immovable. These are embedded in the mud temporarily.

3. Chattel Attached to the Earth

This category includes things attached to houses or buildings which are attached to the earth. It includes furniture based on its strength and capacity. Not all furniture will be immovable.

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