Immovable property is defined under Section 4 of the General Clause Act, 1897. Immovable property includes – land, benefits arising out of land and things attached to the earth.
But what are the things attached to the earth? Section 3 of Transfer of Property act defines things attached to earth as things which are embedded in the earth, things attached to what is so embedded in the earth or things rooted in the earth.
Now tell me grass is also rooted in the earth. So, it’s an immovable property?
According to the aforementioned act, standing timber, growing crops and growing grass is not immovable property though they are rooted in the earth.
In the same way, is flowing water immovable property?
Yes, water flowing in the river is immovable property. The water flows but they remain on the surface of the earth. If the water is on the surface then how will it become a movable property? No matter whether the water is accumulated in the lake or pond or collected in the pit, all are immovable property.
