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2. minors & other incapacitated Article 553. One who recovers possession shall not be
obliged to pay for improvements which have ceased to
exist at the time he takes possession of the thing. (458)
a) by themselves
OWNERSHIP HAS LIMITATIONS
if pure & simple donation 1. Those given by the State or the laws
if it does not require written acceptance 2. Those given by the owner himself
3. Those given by the person who gave the right to its
present owner
b) by guardian, legal representatives if needs written
acceptance
Art. 429. The owner or lawful possessor of a thing
has the right to exclude any person from the
1. natural guardian not more than 50,000 enjoyment and disposal thereof. For this
purpose, he may use such force as may be
2. court appointed more than 50,000
reasonably necessary to repel or prevent an
actual or threatened unlawful physical invasion or Chapter 2: RIGHT OF ACCESSION
usurpation of his property. (n) Accession owner of thing becomes owner of
everything it may produce or those which may
Art. 476. Whenever there is a cloud on title to real be incorporated or united thereto
property or any interest therein, by reason of any 1. principle of justice
instrument, record, claim, encumbrance or
2. accessory follows the principal
proceeding which is apparently valid or effective but
is in truth and in fact invalid, ineffective, voidable, or Accession continua accession to products of
unenforceable, and may be prejudicial to said title, an the thing
action may be brought to remove such cloud or to quiet Rights of owners: natural, industrial & civil
the title. An action may also be brought to prevent a fruits
cloud from being cast upon title to real property or any
interest therein.
exception: possession in good faith by another, usufruct,
Art. 477. The plaintiff must have legal or equitable title lease, antichresis
to, or interest in the real property which is the subject
matter of the action. He need not be in possession of Obligation of owners:
said property. Immovables accretion
1. Alluvion owner of lands adjoining banks of
Art. 478. There may also be an action to quiet title or
river belongs the accretion gradually received
remove a cloud therefrom when the contract,
instrument or other obligation has been extinguished or from effects of the waters current
has terminated, or has been barred by extinctive Requisites:
prescription. 1. deposit is gradual & imperceptible
2. made through effects of current of water
Art. 479. The plaintiff must return to the defendant all 3. land where accretion takes place is adjacent to
benefits he may have received from the latter, or banks of river
reimburse him for expenses that may have redounded
to the plaintiffs benefit.
Rights of riparian owner
Art. 482. If a building, wall, column, or any other Right to accretion ipso facto no need to make an
construction is in danger of falling, the owner shall be express act of possession
obliged to demolish it or to execute the necessary work
in order to prevent it from falling. If the proprietor does
2. Avulsion transfer of a known portion of land
not comply with this obligation, the administrative
authorities may order the demolition of the structure at from one tenement to another by force of
the expense of the owner, or take measures to insure current of waters
public safety. Rights of riparian owner
Right to portion of land transferred if not
Art. 483. Whenever a large tree threatens to fall in such claimed by owner within 2 years (prescription)
a way as to cause damage to the land or tenement of Right to trees uprooted if not claimed by owner
another or to travellers over a public or private road,
w/in 6 months; subject to reimbursement for
the owner of the tree shall be obliged to fell and remove
it; and should he not do so, it shall be done at his necessary expenses for gathering them &
expense by order of the administrative authorities. putting them in safe place
A natural stream of water, of greater volume 3. If new owners refuse to sell, their refusal would
than a creek or rivulet flowing, in a more or less be contrary to lawthe adjacent owners have a
permanent bed or channel, between defined banks preemptive right over the old bed
or walls with a current which may either be a. In case of the government, it has the right to return
continuous in one direction or affected by the ebb and the river to its former coursefollowing the Water
flow of the tide Code
Violent, rushing or turbulent stream Even if the new bed is on private property the
bed becomes property of public dominion, just as the
Art. 460. Trees uprooted and carried away by old bed had been of public dominion before the
the current of the waters belong to the owner of
abandonment
1. Water
2. River bed
3. River bank
OWNERSHIP OF ISLANDS