Important principles regulating the nature of interest / title and other aspects in an Immovable property
Apart from other important things, two things have always been precious to every human life, one, his personal liberty; and two, his properties, movables (including money) and immovables, which sustain his life. In the present write up we will look into the attributes of rights, interest and title in an immovable property. Section 3(26) of General Clauses Act, 1897 defines immovable property as which includes land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth; and Section 3 of Transfer of property Act, 1882, defines “attached to the earth” as – (a) rooted in the earth, as in the case of trees and shrubs; (b) embedded in the earth, as in the case of walls or buildings; or (c) attached to what is so embedded for the permanent beneficial enjoyment of that to which it is attached. According to definition of immovable property provided under the Transfer of property Act, 1882, standing timber, growing c