Explanation of Article 22
This article addresses the first type of things, which is: "things that do not exist independently, known as 'real estate'." The article defines real estate as: "everything that is fixed in its place and cannot be moved without damage or alteration in its form."
By "its place," it means the location it occupies, and by "cannot be moved without damage or alteration in its form," it means that moving it is only possible by destroying the part it is in. This definition is derived from the linguistic origin, as 'real estate' comes from 'to confine and prevent.'
Real estate has types, as stated in the article, which are:
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First: Lands, which are the basis of real estate, including the land with all its contents such as soil, sand, rocks, minerals, and others, whether it is flat or in the mountains.
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Second: Buildings, which refer to constructions made by a person from cement, stones, concrete, bricks, iron, and others, such as houses, palaces, mosques, walls, roads, bridges, and viaducts.
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Third: Permanent structures, which refer to everything permanently fixed in the ground, whether intended for use or not, such as towers, tanks, chimneys, wells, factories, bridges, ports, airports, and the like.
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Fourth: Everything permanently connected to the land, meaning everything connected to the land in a permanent manner, so that it cannot be separated from it without damage or alteration in its form, such as trees, palm trees, crops, fruits, and others.
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Fifth: Real property rights, which refer to rights that pertain to real estate and grant the owner direct authority over the thing, such as ownership rights, easement rights, usufruct rights, habitation rights, mortgage rights, and others.
These rights differ from personal rights, which do not grant the owner direct authority over the thing but rather the right to demand something or refrain from doing something, such as the tenant's right, creditor's right, and others.
It is worth noting that transactions related to real estate are subject to the provisions of this system, in matters not addressed by other systems, such as the Real Estate Registration System, the Expropriation of Real Estate for Public Benefit System, and others.
Water, electricity, gas, air, heat, and light are considered real estate as long as they are not extracted and packaged. Once extracted and packaged, they become movable property.
Related To
Article 22
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A real property is a fixed thing that cannot be moved without damaging or altering its form; any other thing shall be deemed movable.
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A movable property shall be deemed immovable by destination if the owner of such property places it in a real property owned thereby for the purpose of serving or utilizing the real property on a permanent basis, even if it is not permanently attached thereto.