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I am a native Yerevan citizen. My father and my grandpa were born in Yerevan. A metallic garage under the name of my father has been located in the yard of our building since 1970s regarding which I have a special license. Recently municipal authorities have sent a written notification stating that the garage hinders the improvement operations in the yard and as a movable property it shall be moved away. A legal garage located motionless for forty years is all out of the blue moon viewed by Yerevan Mayor as a movable property, and his “nazir-vizirs” (subordinates) order me to move it away. Thus, is my property movable or immovable?


Koryun, Yerevan city

Dear Koryun,

I think, a Yerevan dweller has no right to speak in such a manner about the municipal authority. Illegal and non-legitimate acts and decisions of the Municipality on account of which a number of citizens experienced or can experience problems, have all the rights to apply to the Administrative Court of the Republic of Armenia for juridical protection in the manner prescribed by law which was detailed in previous issues of “Iravunk” newspaper as to how and within which period a civil or legal entity ought to appeal acts or decisions passed by state authorized bodies. Moreover, the legislation allows those, whose rights were violated, to claim a full compensation of the damages incurred to them. It can include the expenses, loss and damage of the property of those whose rights were violated. The legislation also allows those (including legal entities) to apply to court instances for the protection of honor, dignity and business fame. Therefore, dear Koryun, I advise that you be careful when expressing yourself in the future.

As for the matter whether a forty-year located metallic garage is movable or not, I think, it is a movable property based on the reasons stated below:

In accordance with Article 134 of RA Civil Code, the following are deemed to be real properties:

a) lands,

b) parts of lithosphere,

c) detached water objects,

d) forests, perennial plants,

e) underground and overground buildings and constructions,

f) other property attached to the land which includes the objects which cannot be separated from the ground without causing damage to the given property or the land and without causing any modifications to them, without termination of their future use.

I think, the metallic garage is not included in the list of the real properties within the context of the law validated by Legislation. Therefore, under Section 2 of the foregoing article, it is regarded as a movable property.