Attached to the earth
Also called: Things attached to the earth
Rooted in the earth, imbedded in the earth, or attached to what is so imbedded for its permanent beneficial enjoyment. Section 3 of the TPA.
Explained
Section 3 of the Transfer of Property Act, 1882 says that 'attached to the earth' means (a) rooted in the earth, as in the case of trees and shrubs; (b) imbedded in the earth, as in the case of walls or buildings; or (c) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached. The expression is the key to the line between movable and immovable property.
Section 3(26) of the General Clauses Act, 1897 includes in immovable property land, benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth. The TPA's own definition of immovable property is negative: it does not include standing timber, growing crops or grass. So a tree is attached to the earth, but standing timber is treated as movable for the purposes of the TPA. Under clause (c) the test is the purpose of the attachment: a thing fixed for the permanent beneficial enjoyment of a building forms part of it, while a thing fixed only for its own better use remains movable.
The expression appears in several rules. Section 8 of the TPA passes, on a transfer of land, all things attached to the earth unless a different intention appears. Section 108(h) allows a lessee, even after the lease ends but while still in possession, to remove all things he has attached to the earth, provided he leaves the property in the state in which he received it. In criminal law, movable property under Section 2(21) of the BNS excludes land and things attached to the earth, and Explanation 1 to Section 303 provides that a thing attached to the earth is not the subject of theft but becomes so as soon as it is severed.
Examiners test the three clauses, the timber and crops exclusion, the lessee's right of removal and the severance rule in theft.
What the law says
“attached to the earth” means—
(a) rooted in the earth, as in the case of trees and shrubs;
(b) imbedded in the earth, as in the case of walls or buildings; or
(c) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached:
Defines attached to the earth and excludes timber and crops from immovable property
Such incidents include, where the property is land, the easements annexed thereto, the rents and profits thereof accruing after the transfer, and all things attached to the earth;
and, where the property is machinery attached to the earth, the moveable parts thereof;
and, where the property is a house, the easements annexed thereto, the rent thereof accruing after the transfer, and the locks, keys, bars, doors, windows and all other things provided for permanent use therewith;
Things attached to the earth pass on transfer of land
(h) the lessee may [even after the determination of the lease] remove, at any time [whilst he is in possession of the property leased but not afterwards], all things which he has attached to the earth: provided he leaves the property in the state in which he received it:
(i) when a lease of uncertain duration determines by any means except the fault of the lessee, he or his legal representative is entitled to all the crops planted or sown by the lessee and growing upon the property when the lease determines, and to free ingress and egress to gather and carry them:
(j) the lessee may transfer absolutely or by way of mortgage or sub-lease the whole or any part of his interest in the property, and any transferee of such interest or part may again transfer it. The lessee shall not, by reason only of such transfer, cease to be subject to any of the liabilities attaching to the lease:
Lessee's right to remove things attached to the earth
Section 3, General Clauses Act
(26) “immovable property” shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth;
(27) “imprisonment” shall mean imprisonment of either description as defined in the Indian Penal Code (45 of 1860);
(28) “India” shall mean,—
Section 3(26): immovable property includes things attached to the earth
Explanation 1.—A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.
Explanation 2.—A moving effected by the same act which affects the severance may be a theft.
Explanation 3.—A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it.
Severance rule for theft of things attached to the earth
Earlier law: IPC 378. Theft.
(21) “movable property” includes property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth;
(22) “number”.—Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number;
(23) “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof, whether in a Court or not;
Section 2(21): movable property excludes things attached to the earth
Earlier law: IPC 33. “Act”. “Omission”; 47. “Animal”.; New Sub-Section; 28. “Counterfeit”.; 20. “Court of Justice”.; 46. “Death”.; 24. “Dishonestly”.; 29. “Document”.; 25. “Fraudulently”; 8. Gender.; 52. “Good faith”; 17. “Government”.; 52A. “Harbour“.; 44. “Injury”.; 43. “Illegal”. “Legally bound to do”.; 19. “Judge”.; 45. “Life”.; 42. “Local law”.; 10. “Man”. “Woman”.; 49. “Year”. “Month”.; 22. “Movable property”; 9. Number.; 51. “Oath”.; 40. “Offence”.; 33. “Act”. “Omission”; 11. “Person”.; 12. “Public”.; 21. “Public servant”.; 26. “Reason to believe”
Example
For example, A sells a plot of land on which stand a house and fruit trees. Unless a different intention is expressed or necessarily implied, the house, imbedded in the earth, and the trees, rooted in it, pass to the buyer with the land under Section 8 of the TPA.
For the exam
- Three modes: rooted (trees), imbedded (walls, buildings), attached to what is imbedded for its permanent beneficial enjoyment.
- Standing timber, growing crops and grass are not immovable property under the TPA.
- Lessee may remove things he attached to the earth while in possession (Section 108(h) TPA).
- A thing attached to the earth becomes subject of theft once severed (Explanation 1, Section 303 BNS).
- General Clauses Act, Section 3(26) includes such things in immovable property.
55 questions in the Law Maker question bank use this term. Practise Transfer of Property Act questions
Related terms
- Immovable propertyLand, benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth. Defined inclusively in Section 3(26) of the General Clauses Act, 1897.
- Movable propertyUnder Section 2(21) of the BNS, property of every description except land and things attached to the earth or permanently fastened to anything attached to the earth. Other Acts frame it differently.
- LeaseA transfer of a right to enjoy immovable property for a certain time, or in perpetuity, in consideration of a premium or rent (Section 105 of the Transfer of Property Act).
- TheftDishonestly moving movable property out of another person's possession, without that person's consent, in order to take it (Section 303(1) of the BNS).
- Transfer of propertyUnder Section 5 of the TPA, an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.