Real and movable property: what are the differences?

All of us quite often encounter such concepts as movable and immovable property. What are their differences? On the one hand, it seems to be clear: movable - this is something that can move, move, therefore, with immovable it can not be done. But still I would like to consider these two concepts more specifically, in order to clearly understand what is what. So, movable property is, really, things that can be moved from place to place with the help of one's own or other forces. However, these or other features and functions of these items will not be violated. Russian law is limited to a very simple enumeration of what can be classified as movable property, namely: motor transport for a variety of purposes; Computer and office equipment; All kinds of industrial equipment; jewelry; securities; Appliances; Furniture and other household items.

It is curious that the French law divides the movable property into two types: movable property and movable things. The first include, for example, ships, aircraft, space objects, that is all that can move "independently." However, in a number of cases, such designs can be classified as a so-called movable real estate. In the Russian legislation, all the aforementioned constructions refer to ordinary real estate, which includes land plots, any buildings and structures, water objects, perennial plantations and forests, subsoil areas, etc. In other words, everything connected with the earth and impossible to move or move without damaging the purpose of the object is called immovable property.

Everyone has the right to own, freely dispose of and use the owner of what he is. Considering in more detail the differences between these two types of property, it is worth noting that the rights to movable property and various state registration transactions are not subject to it, except for cases that are directly specified in the legislation. In particular, this applies to motor vehicles. Any real estate requires registration, so that the potential owner has entered into the rights to it legally.

There is such a time when assigning certain types of property to the category of movable mistakes are allowed. This may lead to the fact that the right to own it can be regarded as improperly executed, and, consequently, transactions with it are recognized as invalid. As a result of such a misunderstanding, a person who considers himself an owner may not be able to prove that he is such. So, for example, things that can be regarded as movable property, when they are moved, may suffer damage, to make up which will not be impossible, but too costly. In particular, this applies to structures such as chemicals storage tanks buried in the ground, sections of railway tracks in large production facilities, underground communications, etc. Theoretically, all this can be moved, but will it not damage the operation of the common system? Of course, it hurts, therefore it is recommended to register such property as real estate.

In fact, there are a lot of subtleties, especially with regard to various types of equipment, since it is legally a movable property that is not subject to state registration. Let's try to explain by the example of railroad rails: one rail is equipment, but when it and all the others are mounted along the way, all together will be a construction that falls into the category of real estate. That is, the rights and transactions with them must be registered in the order that is provided for real estate, that is, after the rails have been included in the railroad tracks, they can not be sold, donated, given or alienated in another way as movable property . An exception can only be the cases when the paths are completely dismantled, and they, from a legal point of view, cease to exist. Then the dismantled rails again become movable property, which you can dispose of at your own discretion.