Abstract
The article considers the concept of real estate through the prism of public law institutions, analyses whether the criteria for distinguishing between capital and non-capital structures are identical to the criteria for division into movable property and real estate, and whether they can be used in disputes about whether a particular structure is a real estate. Foreign experience of qualification of a “strong connection with the land” is studied, the most interesting of which seems to be the provisions of the U.S. legislation on manufactured homes. The article considers the features that allow to identify a strong connection with the land and impossibility of moving as factors affecting the qualification of a structure as a capital one, and the thing as immovable, noted in court cases. Among them there are the presence of the foundation and the nature of the connection with it, significant excavation works, prefabrication and dismantling of the structure, the presence of engineering networks and communications.
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