Movable or immovable

Movable or immovable

In the event of a bankruptcy of a company that is located at a water-bound location, a bank has a right of mortgage on the location with the buildings (immovable property). The bankruptcy trustee is already in the process of auctioning the movable items such as tools and furnishings and also has a potential buyer for the immovable property. Because of the mortgage right of the bank, the bank wants a valuation to determine the market value. 
During the valuation there was a difference of opinion about an indoor overhead crane in one of the buildings. The curator found this a movable matter and wanted to auction it. This would make the building unusable and would cause the loss of an important part of the value. The construction of the building was one with the crane track. Because the crane is crucial for the use of the building, it is argued that the overhead crane is immovable and is therefore an integral part of the building. This is carefully substantiated in the valuation. To prevent a decrease in value, it was decided not to auction the overhead crane, but to sell it with the building.
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