Movable property

“ Ensley then lays down the proposition that property naturally divides itself into two classes—movable and immovable; that the former, as its name implies, can be moved from one place to another as its owner chooses, while the latter is fixed and can not budge an inch, no matter what its owner chooses, "I hold it to be true that immovable property has no value till it is occupied or located upon, or brought to subsist or employ, movable property; and, as a rule, the more it employs or subsists, the more valuable it becomes ”

“ Chattels (fahrniss) , on the contrary, as movable property was then called, were alienable without the consent of the heirs. And, in general, all personal or movable property was treated by the old German laws, not as an independent reproductive property, or in short as capital, but only as the produce of the land and the soil, like the crops which are annually gathered from it, and it was put on a par with these. Landed property alone was regularly treated, at that time, as independent productive property. ”

“ PERSONAL PROPERTY AND REAL PROPERTY DISTINGUISHED.—Real property has been defined to be co-extensive with lands, tenements, and hereditaments; to put it more simply, we may say that it consists of land and anything that is permanently affixed to the land. Personal property embraces all objects which are capable of ownership except land. One fundamental difference between the two is that real property is generally considered to be immovable, while such property as is movable is usually termed personal property. ”

“ Citizens shall be guaranteed the right of ownership of movable property used for personal consumption or for the satisfaction of their cultural and other personal needs. Citizens may own residential houses and dwellings for their personal and family needs. Residential houses and dwellings and movables which serve personal needs and which are subject to the right of ownership may be used a means for earning income only in the way and under conditions spelled out by statute. ”

“ The movable property in the house belongs to the individuals who have made, purchased, or in any other lawful way acquired it. In this respect it is to be noted that each married couple provides itself with household utensils and such other things as may be necessary. These things do not become the property of the head of the family, but remain the individual property of the person who brings them. ”

“ The 'real property' which Congress made 'subject' to state taxation, should in the Government's view be limited to 'land and buildings and those fixtures which are so integrated with the buildings as to be uniformly, or, at most, generally, regarded as real property.' 'Real property', within this definition would include buildings and 'fixtures essential to a building's operations' but would not include fixtures, movable machinery, or equipment, which though essential to applicant's operations as a plant, are not essential to a building's operation as a building. ”

“ House trailers, mobile homes, and all other similar movable structures used for commercial, industrial, or residential purposes shall be assessed as Real Property as an improvement to the land where located. ”

“ Materialman's and mechanic's lien statutes award an interest in real property to workers who have contributed their labor, and to suppliers who have furnished material, for the improvement of the real property. ”

“ Hence the objects which are dedicated to the use of a piece of land or a building by a lessee cannot be considered as having become immovable by destination except in the case where they have been applied for account of the proprietor, or in execution of an obligation imposed by the lease.' It follows that the machinery placed by the corporation in the plant, by the fact of its being so placed, lost its character as a movable, and became united with and a part of the plant as an immovable by destination. ”

“ Titles to estates can be made with greater facility, and it may be presumed that it will not be necessary to make the expensive and redundant conveyances which appear to be required in the transfer of real property at home. ”

“ Though this may be the consequence the rest of the will is not thereby impaired. The property given is either real or personal. Real property consists of land extending indefinitely upward and downward, every building thereon, every growing thing, likewise all minerals and in some cases even ice. ”

“ Should there be the slightest irregularity in the method of transfer, men, members of society, imprescriptible possessors of the land, might be deprived at one blow of property, possession, and the means of production. ”

“ Thus an apple on the tree is real estate, but when fallen upon the ground it becomes personal property. Running water accumulated in a pond is real estate, though the owner is not permitted to invest it with the peculiar attribute of real estate—namely, stability—by permanently arresting its flow. In some States the engines, water wheels, shafting, and even belts of factories are real estate, while looms and lathes are personal property. ”

“ Nor, indeed, even when property is the instrument used to provide for the future, is such provision dependent upon the maintenance in its entirety of the whole body of rights which accompany ownership to-day. ”

“ The owner grants a lease for a long period of time, usually ninety-nine years, for a ground rent, which is notoriously below the true economic rent of the land, subject to the condition that the leaseholder must erect upon the land and keep in good repair certain buildings, which on expiry of the lease will become the property of the ground owner. ”

“ A far more serious impediment is the complicated state of the ownership of land, which renders it frequently impracticable to subdivide a property into such portions as would bring the land within the reach of small bidders. ”

“ The kind and frequency of the acts of occupancy necessary to constitute a continuous possession depend somewhat on the condition of the property, and the uses to which it is adapted in reference to the circumstances and situation of the possessor, and partly on his intention. ”

“ Other laborers are employed in building: some quarry the stone, others transport it, others cut it, and still others put it in place. Each of them adds a certain value to the material which passes through his hands; and this value, the product of his labor, is his property. He sells it, as fast as he creates it, to the proprietor of the building, who pays him for it in food and wages. ”

“ ILLUSTRATION.—An illustration that gives us the idea of property will make our definition clear. A takes his shoes to a cobbler to be repaired. When he calls for them, he does not have the price for the work, and the cobbler refuses to give them up. Both A and the cobbler have a property right in the shoes. The right to absolute ownership is in A, that is his property right. The temporary possession, however, is in the cobbler, and he may hold the shoes under the lien for repairs indefinitely and until he receives his compensation. The lien is his property right. ”

“ NEARLY all the modern writers on jurisprudence, taking their cue from the economists, have abandoned the theory of first occupancy as a too dangerous one, and have adopted that which regards property as born of labor. ”

“ In the latter case the road, its bed, its rolling stock, and much other property probably was not conveyed, and no expression is found implying that all its lands were conveyed; and if we limit the words 'all other property' to what we have supposed to be their meaning, there is nothing else to imply that the company intended to mortgage all its property of every kind and description, whether real or personal. ”

“ Those who are giving their time and energy to the production of wealth, face the fact that property rights have been so construed as to give property owners a first claim on production and to make property income a fixed charge on the industry of the community. ”

“ The purchaser draws boundaries, fences himself in, and says, “This is mine; each one by himself, each one for himself.” Here, then, is a piece of land upon which, henceforth, no one has a right to step, save the proprietor and his friends; which can benefit nobody, save the proprietor and his servants. ”

“ Our law for the distribution of intestate estates occasions a frequent division of landed property, and prevents monopolies of land. But in opposition to these we have labored under many disadvantages. ”

“ In fact, they are always either deeds of gift, or of sale, or of exchange, or of the grant of precaria. It is impossible not to allow that the thousands of deeds of this kind are so many proofs of private property, since you can neither sell nor give away what is not already your own. ”

“ A lease of land is the rightful possession and use without the ownership of it, while a servitude over land is the rightful use without either the ownership or the possession of it. There are two distinct methods in which I may acquire a road across another man’s property. ”

“ In the first place the labourer's dwelling, which is to consist of seven rooms, is, with all that it contains, to be his own property: it is the only landed property he is allowed to possess, but every family should be the absolute owner of all things which are destined for its exclusive use. ”

“ Objection.—But if the blacksmith, the wheelwright, all manufacturers in short, have a right to the products in return for the implements which they furnish; and if land is an implement of production,—why does not this implement entitle its proprietor, be his claim real or imaginary, to a portion of the products ”

“ It has control over property within its limits; and the condition of ownership of real estate therein, whether the owner be stranger or citizen, is subjection to its rules concerning the holding, the transfer, liability to obligations, private or public, and the modes of establishing titles thereto. ”

“ If the idea so constantly appealed to in justification of property law is to be realised; if the fruits of each man’s labor [68] are to be guaranteed to him and he is to own the instruments with which he works; if the laws of property are not to establish a parasitic class taking tribute from the labor of others in the forms of Rent and Interest, then we must modify our administration of property. ”

“ Trees, if blown down or cut down and still lying where they fell, are real property; if cut or corded up for sale they become personal property. (5) All manure made on the farm is real estate and passes with the land. (6) All the ordinary portable machines and tools are considered personal property, but certain machines held to be of permanent use upon the land are real estate. Among the things which courts have held to go with the land are 237 cotton gins, copper kettles encased in brick and mortar for cooking food for hogs, cider mills, pumps, water pipes bringing water from distant springs. ”

“ When machinery is to be put up on the premises of the buyer, and is to be of a certain quality or capacity under the terms of the contract, the possession and use of the machinery by the buyer, with the consent of the seller, for the purpose of testing its quality or capacity prior to the full acceptance of the machinery as a compliance with the contract and the relinquishment of the vendor's right of the property, is not inconsistent with the property being with the vendor, notwithstanding such possession. ”

“ The transference of all sorts of property from the dead to the living, and that of immoveable property of land and houses from the living to the living, are transactions which are in their nature either public and notorious, or such as cannot be long concealed. ”

“ Those, therefore, who acquire personal property, acquire only what will last about a generation, longer or shorter. Such property is quickly converted into money—it perishes and is gone. But land is hedged round with numerous guards which protect it from hasty spoliation. ”

“ Yet where is the citizen that does not gladly exchange all the steadfast earth-bound property he has, and invest it in this more beneficial and productive possession? Trover and trespass may be maintained for it, contracts may be made with regard to it, transfers may take place of it-in short, there is no criterion of property or ownership, that may not be applied to what is regarded as having no substantial existence. ”

“ The language of the eighth section of the mechanic's lien law of Montana is unambiguous. The liens secured to the mechanics and material-men have precedence over all other incumbrances put upon the property after the commencement of the building. And this is just. Why should a purchaser or lender have the benefit of the labor and materials which go into the property and give it its existence and value? ”

“ If two or more movables belonging to different owners are so united together that they can no longer be separated without severe damage, or cannot be separated without excessive expense, the ownership of the composite thing belongs to the owner of the principal movable. ”

“ Newcome; and you will also find a covenant in the same lease, by which your interest in the property is to cease in a few days."
"Wa-a-l, now, I don't understand leases in that way. Surely it was never intended a man should erect mills, to lose all right in 'em at the end of five-and-twenty years."
"That will depend on the bargain made at the time. Some persons erect mills and houses that have no rights in them at all. They are paid for their work as they build." ”

“ Deeds, mortgages, bank balances, money in hand, corporation stocks and the like, belong in no Economic category at all below the surface of customary titles to property. They are nothing but evidences of legal title to property of any kind—Natural Resources, Artificial Objects, Man himself when and where ownership of Man by Man is conventional. ”