Land and buildings cannot be handed over as small objects are. For immovable assets, legally meaningful vacating and enabling possession (takhliyah) are therefore relevant.
For example, a specifically identified vacant warehouse may be transferred into the pledgee's effective control. If the pledgor's unrelated goods remain there and the pledgor continues occupying it, completion of possession is problematic.
The manner of delivery varies with the property, but identified collateral and effective possession remain indispensable.
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Possession of immovable property
Kitab al-Rahn: Pledge Formation, Possession, Liability and Eligible Collateral
Land and buildings cannot be handed over as small objects are. For immovable assets, legally meaningful vacating and enabling possession (takhliyah) are therefore relevant.
For example, a specifically identified vacant warehouse may be transferred into the pledgee's effective control. If the pledgor's unrelated goods remain there and the pledgor continues occupying it, completion of possession is problematic.
The manner of delivery varies with the property, but identified collateral and effective possession remain indispensable.