Article 415
(6) Animal
houses,
pigeon-houses, beehives, fish ponds or breeding places of similar
nature,
in case their owner has placed them or preserves them with the
intention
to have them permanently attached to the land, and forming a permanent
part of it; the animals in these places are included;Discussion:
The houses referred to here may already be deemed included in the section 1 when we speak of constructions of all kinds adhered to the soil. in as much as there used to be doubts before as to whether or not the animals in the houses are included as real property, the Code Commission decided to eliminate confusion of that matter. it is submitted that even if the animals are temporarily outside, they may still be considered as real property, as long as the intent to return is present, as in the case of a homing pigeon. but, a temporary bird cage easily removable, or which may be carried from place to place, is a chattel. the birds inside are also chattel.
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