Page:An introduction to Roman-Dutch law.djvu/157

 Rh ables. CLASSIFICATION OF THINGS 117 Again, things are divided into immovables and mov- immov- ables.^ This is properly a classification of corporeal '>'*'i®¥'d things; but in law most incorporeal things are deemed to be comprised under immovables or movables.^ This division, therefore, becomes the priacipal basis of classi- fication. Where, however, the context requires it, in- corporeal things form a third and separate class by themselves.* The class of things immovable comprises not merely things physically immovable, but also some movable and incorporeal things, which are deemed to be immovable and are governed by the law of immovables. The class of things movable comprises not merely things physically movable, but also some incorporeal things which are deemed to be movable and are governed by the law of movables. Immovable * things and things What deemed to be immovable are: (1) land and houses;^ cks'^d^as (2) things naturally or artificially annexed to or associated immov- with land and houses ® (Under this head fall growing trees and fruits; minerals, stones, &c.; movables annexed to houses even though temporarily removed; certain movables not aimexed to, but enjoyed along with, land and houses and destined for perpetual use therewith.); ' (3) praedial servitudes; * (4) personal servitudes over immovables; ^ (5) actions in rem directed to the recovery of immovables;^*' (6) annual rents charged on land; ^^ and (semble) (7) in the modern law leases of immovable property Gr. 2. 1. 10; Voet, 1. 8. 11. ^ Voet, 1. 8. 18. =* Voet, 1. 8. 29; V. d. K. Th. 178-9. ° Gr. 2. 1. 12. In the Old Dutch Law houses did not fall under the head of immovables unless the owner of the house was also the owner of the land. Pock. And., vol. i, p. 169. On the other hand, the larger kind of ship and all kinds of windmill were deemed immovable. Ibid, pp. 170-1. " Gr. 2. 1. 13: Wat aerd-ofte naghel-vast is, word ghehouden als een gevolg van het ontilbare; Voet, 1. 8. 13-14. Van Leeuwen (Gens. For. 1. 2. 1. 4) adds title-deeds. For Ceylon see Brodie v. Attorney General (1903) 7 N. L. B. 81. ' Voet, vhi sup.; as dung, straw, &c. Dig. 19. 1. 17. 2 and 7. Voet, 1. 8. 20. » Voet, ibid. i» Voet, 1. 8. 21. " Voet, 1. 8. 24 ff.; but semble, only if they are irredeemable. Voet, 1. 8. 26; Schorer ad Gr. 2. 1. 13; V. d. K. Th. 180.
 * Ontilbaer ofte onroerbaer; res immobiles.