Why do you need to know which things are embedded in earth?
If a living person wants to transfer property i.e. immovable property to other living person then Transfer of Property Act, 1882 provides uniform law to them and if you want to transfer immovable property then you should know what is immovable property.
Section 4 of General Clause Act, 1897 talks about the definition of Immovable Property as land, benefits arising out of land, things attached to earth but not standing timber, growing crops and grass.
Section 3 of Transfer of Property Act, 1882, explains ‘things attached to the earth’. Things attached to earth means –
i. Things embedded in the earth
ii. Things attached to what is so embedded in the earth
iii. Things rooted in the earth
Things embedded in the earth
Things embedded in the earth means things which are firmly in earth and become part of the land. For example – Buildings, walls, houses.
Are electric poles Immovable Property?
Electric poles are immovable property because they are embedded in the earth.
Intention to make them part
- If anything is on the surface of earth then it can’t be considered as embedded in earth unless there is an intention to make them part of the land.