Mexican Legal Framework of Business Insolvency - White & Case

Appendix
Real and Chattel Property
The definition of what constitutes realty and chattel is a matter of local law [CPM 121-II].
In Mexico, most civil codes have similar definitions to those contained in the Federal Civil
Code; however, differences may exist. At the federal level, as a general rule, any asset not
specifically stated to be realty, shall constitute chattel property [CCF 759]. Realty includes
[CCF 750]:
118
The ground and the constructions attached to it.
The plants and trees, as well as the fruits on the trees, while they are naturally joined
to the earth and have not been cut as crop or otherwise severed.
Anything attached to realty in a permanent manner, so that upon separation,
deterioration is caused to the realty or to the attached object.
Statues, reliefs, paintings or other ornamental objects placed on buildings or placed
by the owner of the realty in such a way as to reveal intent to unite them permanently
to the realty.
Dovecotes, beehives, fish tanks or analogous breeding tanks, if the owner keeps
them for the purpose of being integrated to the realty, and they form part of it in a
permanent way.
Machines, containers, equipment and tooling that the owner of the realty has
destined for direct and exclusive industrial use or other exploitation of the realty.
All fertilizers for agricultural crops of realty, which are on the fields where they are to
be used, as well as the necessary seeds for planting.
Electrical equipment and appliances and their accessories that are fixed to the
ground or to a building by the owner, unless an agreement provides otherwise.
All wells, pools, reservoirs and waterways, as well as aqueducts and piping ducts of
any type used for carrying liquids or gases to realty or for their extraction therefrom.
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