AVULSION

What is avulsion?

It is the deposit of known (identifiable) portion of land detached from the property of another which is
attached to the property of another as a result of the effect of the current of a river, creek or torrent.

Note: Art. 459 states that Whenever the current of a river, creek, or torrent segregates from an estate
on its banks a known portion of land and transfers it to another estate, the owner of the land to which
the segregated portion belonged retains the ownership of it, provided he removes it within 2 years.

What are the requisites of avulsion?

1. Transfer is caused by the Current of a river, creek, or torrent.

2. Transfer is sudden or Abrupt

3. The Portion of the land transported is known or identifiable.

What is the rule on acquisition of titles over an avulsion?

General Rule: Original owner retains title.

Exceptions: The owner must remove (not merely claim) the transported portion within 2 years to retain
ownership, otherwise, the land not removed shall belong to the owner of the land to which it has been
adjudicated in case of:

1. Abandonment; or

2. Expiration of 2 years, whether the failure to remove be voluntary or involuntary, and irrespective of
the area of the portion known to have been transferred.

RIGHTS AND OBLIGATIONS OF USUFRUCTUARY

What are the rights of the usufructuary as to the thing and its fruits?

1. To Receive the fruits of the property in usufruct and half of the hidden treasure he accidentally finds
on the property (Arts. 566, 438, NCC)

2. To enjoy any Increase which the thing in usufruct may acquire through accession (Art. 571, NCC)

3. To personally Enjoy the thing or lease it to another (Arts. 572-577, NCC) generally for the same or
shorter period as the usufruct
4. To make such Improvements or expenses on the property he may deem proper and to remove the
improvements provided no damage is caused to the property (Art. 579, NCC)

5. To Set-off the improvements he may have made on the property against any damage to the same
(Art. 580, NCC)

6. To Retain the thing until he is reimbursed for advances for extraordinary expenses and taxes on the
capital (Art. 612, NCC)

7. To Collect reimbursements from the owner for indispensable extra ordinary repairs, taxes on the
capital he advanced, and damages caused to him

8. To Remove improvements made by him if the same will not injure the property

What are the rights of the usufructuary as to the usufruct itself?

a. To Alienate or mortgage the right of usufruct (Art. 572, NCC) XPN: parental usufruct (Arts. 225, 226
FC)

b. In a usufruct to Recover property/real right, to bring the action and to oblige the owner thereof to
give him the proper authority and the necessary proof to bring the action (Art. 578, NCC)

c. In a usufruct of part of a Common property, to exercise all the rights pertaining to the co-owner with
respect to the administration and collection of fruits or interests.
EXTINCTION/TERMINATION OF USUFRUCT

How is usufruct extinguished?

1. Acquisitive Prescription

Note: the use by a third person and not the non-use by the usufructuary

2. Total Loss of the thing Note: if the loss is only partial, the usufruct continues with the remaining part.

3. Death of the usufructuary; unless a contrary intention appears. Reason: Usufruct is constituted
essentially as a lifetime benefit for the usufructuary or in consideration of his person.

4. Termination of right of the person constituting the usufruct

5. Expiration of the period or fulfillment of the resolutory condition

6. Renunciation by the usufructuary. Note: it partakes the nature of a condonation or donation, it must
comply with the forms of donation.

7. Merger of the usufruct and ownership in the same person who becomes the absolute owner thereof.
(Art. 1275, NCC)
What happens when a co-owner sells the whole property as his?

The sale will affect only his own share but not those of the other co-owners who did not consent to the
sale.

Note: A sale of the entire property by one co-owner without the consent of the other co-owners is not
null and void but affects only his undivided share and the transferee gets only what would correspond to
his grantor in the partition of the thing owned in common (Paulmitan vs. CA, GR No. 51584, Nov. 25,
1992.)

RIGHT TO CONTRIBUTIONS FOR EXPENSES

What are the expenses which the co-owners can be compelled to contribute?

Only necessary expenses. Useful expenses and those for pure luxury are not included.

What are those acts which require the majority consent of the co-owners?

a. Management
b. Enjoyment

c. Improvement or embellishment

What is the remedy in case the minority opposes the decision of the majority in co-ownership?

Minority may appeal to the court against the majoritys decision if the same is seriously prejudicial.

CO-OWNERSHIP AND RIGHTS OF CO-OWNERS