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Chapter 2: RIGHT OF ACCESSION

Accession owner of thing becomes owner of everything it may produce or those which may be incorporated or united
thereto
1. principle of justice
2. accessory follows the principal

Accession continua accession to products of the thing

Rights of owners: natural, industrial & civil fruits
exception: possession in good faith by another, usufruct, lease, antichresis

Obligation of owners:

a) Immovables accretion

1. Alluvion - owner of lands adjoining banks of river belongs the accretion gradually received from effects of the water's
current

Requisites:
a. deposit is gradual & imperceptible
b. made through effects of current of water
c. land where accretion takes place is adjacent to banks of river

Rights of riparian owner
Right to accretion ipso facto no need to make an express act of possession

2. Avulsion transfer of a known portion of land from one tenement to another by force of current of waters

Rights of riparian owner
a) Right to portion of land transferred if not claimed by owner within 2 years (prescription)
b) Right to trees uprooted if not claimed by owner w/in 6 months; subject to reimbursement for necessary
expenses for gathering them & putting them in safe place

3. Change of river bed

Right of owner of land occupied by new river course
1. Right to old bed ipso facto in proportion to area lost
2. Owner of adjoining land to old bed shall have right to acquire the same by paying its value value not to
exceed the value of area occupied by new bed
3. Formation of island in non-navigable river
a) owner of margin nearest to islands formed if nearest to it
b) owner of both margins if island is in the middle (divided into halves longitudinally)
4. building, planting & sowing

General Rule whatever is built, planted or sown belongs to owner of land; presumption is owner made them at his expense
Exception: contrary is proven

Right of owner of material
1. Right to be indemnified or paid of value of property by owner of land
2. Right to remove materials if he can do so w/o injury to work constructed if owner has not paid
3. Right to damages and demolition even if with injury to work if owner of land is in bad faith

Right of owner when another builds, plants or sows in his land: (OWNER & BUILDER BOTH IN GOOD FAITH)
1. Appropriate as his own after paying for indemnity
2. Oblige the planter, builder to pay for price of land or rent, except when value of lands is greater than thing built
convert to rent

Right of Builder in good faith before payment of indemnity of owner in good faith
1. Right to retain land & building
2. Right not to be compelled to pay for rent
3. Right of retention ceases when obliged to pay for value of and if he fails to do so

Right of owner in good faith when builder is in bad faith
1. Right to appropriate what has been built w/o paying indemnity
2. Order demolition of building
3. Compel the builder to pay for price of land or rent
4. Right to damages

Right of builder in bad faith when owner is in good faith
Right to be reimbursed for necessary expenses for preservation of land

Right of Builder in good faith when owner is in bad faith
1. Right to indemnity for value of building
2. Right to damages
3. Right to demolish w/o payment of indemnity

Bad faith on both builder & owner in pari delicto (no cause of action vs. each other)

Right of 3
rd
person who owns materials
1. Right to be indemnified for value of materials irrespective of good faith or bad faith of builder or owner; if builder
has no property, owner is subsidiarily liable
2. When builder is in bad faith & owner in good faith & owner compel builder to remove improvements, owner is
not subsidiarily liable
3. When 3
rd
person is paid by builder, builder may demand from landowner the value of labor & materials


b) Movables

1. Conjunction / adjunction 2 movable things which belong to different owners are united to form a single object

Test to determine w/c one is the principal:
a. that to w/c the other intended to be united as ornament or for its use of perfection
b. value
c. volume

Rights:
1. If both are in good faith owner of principal acquired the accessory with indemnification
2. If both are in good faith may separate them if no injury will be caused; if value of accessory is greater
than principal, owner of accessory may demand separation even if damages will be caused to the principal
(expenses to be borne by one who caused the conjunction)
3. If owner of accessory is in bad faith owner of accessory with damages to principal
4. If owner of principal is in bad faith owner of accessory shall have option of principal paying value of
accessory or removal of accessory despite destruction of principal
5. Owner of accessory or principal has right to indemnity when thing adjuncts w/o his consent may demand
that a thing equal is kind, value and price

2. Specification One employs the materials of another in whole or in part on order to make a thing of a different kind;
transformation

Rights:
1. If person who made the transformation is in good faith - he shall appropriate the thing transformed as his
own with indemnity to owner of material for its value
2. If material is more precious than transformed thing owner of material may appropriate the new thing to
himself after indemnity paid to labor or demand indemnity for materials
3. If person who made the transformation is in bad faith, owner of material shall appropriate the work to
himself w/o paying maker or demand indemnity for value of materials & damages
4. If transformed thing is more valuable than material, owner of material cannot appropriate

3. Commixtion / confusion 2 things of the same or different kinds are mixed & are not separable w/o injury

Rights:
1. If both owners are in good faith Each owner shall acquire a right proportional to the part belonging to him
(vis-a-vis the value of the things mixed or confused)
2. If one owner is in bad faith he shall lose the thing belonging to him plus indemnity for damages caused to
owner of other thing mixed with his thing
3. If both in bad faith no cause of action against each other


Chapter 3: QUIETING OF TITLE

Reasons:
1. prevent litigation
2. protect true title & possession
3. real interest of both parties which requires that precise state of title be known

Action to quiet title
put end to vexatious litigation in respect to property involved; plaintiff asserts his own estate & generally declares that
defendants claim is w/o foundation
when proper:
1. contract has been extinguished or terminated
2. contract has prescribed
3. remove cloud

Action to remove cloud
intended to procure cancellation, delivery, release of an instrument, encumbrance, or claim constituting a on plaintiffs title
which may be used to injure or vex him in the enjoyment of his title
Cloud any instrument which is inoperative but has semblance of title
Requisites:
1. Plaintiff must have legal or equitable interest
2. Need not be in possession of property
3. Return to defendant all benefits received he who wants justice must do justice


Chapter 4: RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING

Liability for damages:
1. collapse engineer, architect or contractor
2. collapse resulting from total or partial damage; no repair made owner; state may compel him to demolish or make
necessary work to prevent if from falling
3. if no action done by government at expense of owner


T i t l e I I I : C O - O WN E R S H I P

Co-ownership
a) plurality of subjects many owners
b) unity of material (indivision) of object of ownership
c) recognition of ideal shares

Causes/Sources:
1. law
2. contracts
3. succession
4. fortuitous event/chance commixtion
5. occupancy 2 persons catch a wild animal

Distinguished from partnership
a) partnership created only by agreement; co-ownership has many sources
b) purpose of partnership is to obtain profit; co-ownership is collective enjoyment of a thing
c) in partnership there is juridical personality distinct from individuals, none in co-ownership
d) partnership can be created for more than 10 years, not in co-ownership
e) partners cannot transfer rights w/o consent of other co-partners, not co-ownership
f) partnership extinguished when partner dies, not in co-ownership
g) distribution of profits in partnerships may be stipulated, this is not flexible in co-ownership but depends on ideal
share/interest

Rights of co-owners
1. Right to benefits proportional to respective interest; stipulation to contrary is void
2. Right to use thing co-owned
a. for purpose for which it is intended
b. without prejudice to interest of ownership
c. without preventing other co-owners from making use thereof
3. Right to change purpose of co-ownership by agreement
4. Right to bring action in ejectment in behalf of other co-owner
5. Right to compel co-owners to contribute to necessary expenses for preservation of thing and taxes
6. Right to exempt himself from obligation of paying necessary expenses and taxes by renouncing his share in the pro-
indiviso interest; but cant be made if prejudicial to co-ownership
7. Right to make repairs for preservation of things can be made at will of one co-owner; receive reimbursement therefrom;
notice of necessity of such repairs must be given to co-owners, if practicable
8. Right to full ownership of his part and fruits
9. Right to alienate, assign or mortgage own part; except personal rights like right to use and habitation
10. Right to ask for partition anytime
11. Right of pre-emption
12. Right of redemption
13. Right to be adjudicated thing (subject to right of others to be indemnified)
14. Right to share in proceeds of sale of thing if thing is indivisible and they cannot agree that it be allotted to one of them

Duties/Liabilities
1. Share in charges proportional to respective interest; stipulation to contrary is void
2. Pay necessary expenses and taxes may be exercised by only one co-owner
3. Pay useful and luxurious expenses if determined by majority
4. Duty to obtain consent of all if thing is to be altered even if beneficial; resort to court if non-consent is manifestly prejudicial
5. Duty to obtain consent of majority with regards to administration and better enjoyment of the thing; controlling interest;
court intervention if prejudicial appointment of administrator
6. No prescription to run in favor co-owner as long as he recognizes the co-ownership; requisites for acquisition through
prescription
a. he has repudiated through unequivocal acts
b. such act of repudiation is made known to other co-owners
c. evidence must be clear and convincing
7. Co-owners cannot ask for physical division if it would render thing unserviceable; but can terminate co-ownership
8. After partition, duty to render mutual accounting of benefits and reimbursements for expenses
9. Every co-owner liable for defects of title and quality of portion assigned to each of the co-owner

Rights of 3
rd
parties
1. creditors of assignees may take part in division and object if being effected without their concurrence, but cannot impugn
unless there is fraud or made notwithstanding their formal opposition
2. non-intervenors retain rights of mortgage and servitude and other real rights and personal rights belonging to them
before partition was made



T i t l e V : P O S S E S S I O N

Possession holding of a thing or enjoyment of a right
1. occupancy actual or constructive (corpus)
2. intent to possess (animus)

How acquired:
a. material occupation possession as a fact
1. physical
2. constructive - tradicion brevi manu (one who possess a thing short of title of owner lease );
tradicion constitutum possesorium (owner alienates thing but continues to possess depositary, pledgee,
tenant)
cannot be recognized at the same time in 2 different personalities except co-possession
question arise regarding fact of possession
1. present possessor preferred
2. 2 possessors one longer in possession
3. dates of possession the same one who presents a title
4. both have titles judicial resolution

b. subject to action of our will- possession as a right
1. tradicion simbolica delivering object or symbol of placing thing under control of transferee (keys)
2. tradicion longa manu pointing out to transferee the things which are being transferred

c. proper acts and legal formalities established for acquiring rights donation, sale

What can be subject of possession things or rights which are susceptible of being appropriated


Degrees of possession:
1. holding w/o title and in violation of right of owner
2. possession with juridical title but not that of owner
3. possession with just title but not from true owner
4. possession with just title from true owner

Classes of ownership:
1. in concept of owner owner himself or adverse possessor
Effects:
a. may be converted into ownership through acquisitive prescription
b. bring actions necessary to protect possession
c. ask for inscription of possession
d. demand fruits and damages from one unlawfully detaining property

2. in concept of holder usufruct, lessee, bailee
3. in oneself personal acquisition
a. he must have capacity to acquire possession
b. intent to possess
c. possibility to acquire possession

4. in name of another agent; subject to authority and ratification if not authorized; negotiorum gestio
a. representative has intention to acquire for another and not for himself
b. person from whom it is acquired has intention of possessing it

5. in good faith not aware that there exist flaw in title or mode w/c invalidates it; mistake upon doubtful question of law;
always presumed; it may be interrupted by extraneous evidence or suit for recovery of property of true owner
6. in bad faith aware of defect

Possession through succession
1. possession of hereditary property is deemed transmitted w/o interruption from moment of death ( if accepted) and if not
accepted ( deemed never to have possessed the same )
2. one who succeeds by hereditary title shall not tack the bad faith of predecessors in interest except when he is aware of
flaws affecting title; but effects of possession in good faith shall not benefit him except from date of death of decedent.

Minors/ Incapacitated
may acquire material possession but not right to possession; may only acquire them through guardian or legal representatives

Acquisition
1. cannot be acquired through force or intimidation when a possessor objects thereto resort to courts
2. the following do not affect acts of possession ( not deemed abandonment of rights ); possession not interrupted
a. acts merely tolerated
b. clandestine and unknown acts
c. acts of violence

Rights of possessor:
1. Right to be respected in his possession; if disturbed protected by means established by law; spoliation
2. Possession acquired and enjoyed in concept of owner can serve as title for acquisitive prescription
a. Possession has to be in concept of owner, public, peaceful and uninterrupted
b. Title short of ownership
3. Person in concept of owner has in his favor the legal presumption of just title (prima facie)
4. Possession of real property presumes that movables are included
5. Co-possessors deemed to have exclusively possessed part which may be allotted to him; interruption in whole or in part
shall be to the prejudice of all
6. Possessor in good faith entitled to fruits received before possession is legally interrupted ( natural and industrial
gathered or severed; civil accrue daily )
7. Possessor in good faith entitled to part of net harvest and part of expenses of cultivation if there are natural or industrial
fruits ( proportionate to time of possession ); owner has option to require possessor to finish cultivation and gathering of
fruits and give net proceeds as indemnity for his part of expenses; if possessor in good faith refuses barred from
indemnification in other manner
8. Possessor has right to be indemnified for necessary expenses whether in good faith or in bad faith; Possessor in good
faith has right of retention over thing unless necessary expenses paid by owner
9. Possessor in good faith has right to be reimbursed for useful expenses with right of retention; owner has option of paying
expenses or paying the increase in value of property which thing acquired by reason of useful expenses
10. Possessor in good faith may remove improvements if can be done w/o damage to principal thing- unless owner exercises
option of paying; possessor in bad faith not entitled.
11. Possessor in good faith and bad faith may not be entitled to payment for luxurious expense but may remove them
provided principal is not injured provided owner does not refund the amount expended
12. Improvements caused by nature or time to inure to the benefit of person who has succeeded in recovering possession
13. Wild animals possessed while in ones control; domesticated possessed if they retain habit of returning back home
14. One who recovers, according to law, possession unjustly lost is deemed to have enjoyed it w/o interruption

Liabilities/duties of Possessor
1. Return of fruits if in bad faith fruits legitimate possessor could have received
2. Bear cost of litigation
3. Possessor in good faith not liable for loss or deterioration or loss except when fraud and negligence intervened
4. Possessor in bad faith liable for loss or deterioration even if caused by fortuitous event
5. Person who recovers possession not obliged to pay for improvements which have ceased to exist at time of occupation

Loss of possession:
1. abandonment of the thing renunciation of right; intent to lose the thing
2. assignment made to another by onerous or gratuitous title
3. destruction or total loss of the thing or thing went out of commerce
4. possession of another if new possession lasted longer that 1 year ( possession as a fact); real right of possession not lost
except after 10 years



Not lost:
1. Even for time being he may not know their whereabouts, possession of movable is not deemed lost
2. When agent encumbered property without express authority except when ratified
3. Possession may still be recovered:
a. Unlawfully deprived or lost
b. Acquired at public sale in good faith with reimbursement
c. Provision of law enabling the apparent owner to dispose as if he is owner
d. Sale under order of the court
e. Purchases made at merchant stores, fairs or markets
f. Negotiable document of title

Possession is equivalent to title
a. possession is in good faith
b. owner has voluntarily parted with the possession of the thing
c. possessor is in concept of an owner

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