Immovable Property - Definition - Law Dictionary Home Dictionary Definition immovable-property

Definition :

Immovable property, things rooted in the earth as in the case of trees and shrubs, are immovable pro-perty both within the General Clauses Act and the Transfer of Property Act, but in the latter, 'standing timber', 'growing crop' and 'grass' though rooted in earth are not included, Mahadeo v. State of Bombay AIR 1959 SC 735 (740): (1959) Supp 2 SCR 339. [General Clauses Act, 1897 (10 of 1897), s. 3(26)]

Includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass. [Registration Act, 1908 (16 of 1908), s. 2 (6)]

Trees are regarded as part of land because they are attached and rooted in the earth, Suresh Chand v. Kundan, (2001) 10 SCC 221 (224).

Immovable property shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth. [General Clauses Act, 1897 (10 of 1897), s. 3(26)]