On movable and immovable property


Anyone who sells or purchases a property should know in advance what real estate or movable property is. In other words, what is included in the purchase price and what is not.
The answer is not always simple and has all too often given rise to disputes. Good agreements on this are therefore important at sell house fast San Antonio. A little bit of theory

What is real estate?

– Of course, real estate is land and the constructions and plantations that appear on it (real estate of their nature).
– Also the accessories for the finishing of a property, e.g. pipes, tubes, doors, washbasins, etc..are considered as real estate. (immovable property through incorporation).
– Also become immovable: all movable property which the owner has intended to remain permanently (permanently) and usually connected to or incorporated in the property (immovable by purpose).

What is stirring?

– Movable property is movable by nature. The most obvious example is household items such as furniture and all household items such as utensils and loose decorations.
– Animals are also considered to be movable.
– Building materials are stirring until they are integrated into the building.

Anyone who buys a property will also buy, together with the land and the building on it and the plants, the equipment that cannot be removed without breaking or damaging it. A few examples may provide more clarity

Heating stoves (coal, oil, gas) are household goods (movable), but the central heating systems, including heating by means of individual electric accumulation stoves, have become immovable as a result of their use.

Kitchen, bathroom
The old kitchens with some separate cupboards belong to the household goods and are therefore movable, but the fitted kitchen and bathroom have become immovable and are therefore part of the purchase. The appliances can sometimes be movable and sometimes immovable. Here you will need to see whether the stove, oven, refrigerator and dishwasher are placed separately (stirring) or whether they are incorporated in the furniture (real estate).
In the bathroom are the bath or shower, toilet and washbasin real estate. Attention should be paid to an easily removable separate shower cubicle, which is then stirring.

Floor covering
Tiled floors placed in mortar and nailed or glued parquet or cork floors are definitely real estate. The situation is different when it comes to carpet or laminate flooring. These can be placed loosely, with clips or adhesive tape, so that they can be removed without damaging the existing floor and remain stirring. However, when the same materials have been permanently bonded or fixed, they have also become immovable.

Just as the seller may not scratch the paint from the walls, he will not be allowed to remove trees, plants or lawns. The same applies to barriers and fences. Only the freestanding flower pots and decorations are movable goods.

Make appointments
Buyers and sellers would do well to make proper agreements about what is included in the sales price. In all cases where there might be a lack of clarity as to what is included in the sale, an extensive inventory of the movable property, supplemented by a few good photographs, may offer a solution.

Registration rights
If, together with the immovable property (dwelling + land), also movable property is sold with it, a distinction must be made in the private sale contract between the amount of the immovable property on the one hand and the movable property on the other hand, because the registration duties will only be payable on the purchase price of the immovable property. No registration duties are payable on movable property. The recipient could challenge the split amount. It is therefore advisable to add an inventory of the movable property to the sales contract so that the recipient of the Registration can establish that the amount for the movable property has not been determined by wet finger.