Article 440.

The ownership of property gives the right by accession to everything which is produced
thereby, or which is incorporated or attached thereto, either naturally or artificially.

Accession – The right of a property owner to everything which is

a.) produced thereby (accession discreta);

b.) which is incorporated or attached thereto, either naturally or artificially (accession

continua or accession non-interrumpida), which in turn is divided into:

1.) Natural accession (accession natural)

2.) Artificial accession (accession artificial or accession industrial)

Accession is the right of an owner of a thing to the products of said thing as well as to
whatever is inseparably attached thereto as an accessory.

Accession is that by which property is given to a person in addition to what said person
already possesses, said additional property being the result of a natural increase, like
land, by deposit of a river; or houses, when built on ones own land; or the young of
animals.

Accession is the right which ownership or property gives over everything which the
same produces, or which is attached or incorporated thereto, naturally or artificially.

Classification of Accession

a.) Accession Discreta (To the fruits)

1.) Natural fruits 2.) Industrial fruits 3.) Civil fruits

b.) Accession Continua (Attachment or incorporation)

1.) With reference to real property

a.) accession industrial – building, planting,sowing

b.) accession natural – alluvium, avulsion, change of course of rivers,
change of formation of islands

2.) With respect to personal property

a.) adjunction or conjunction – Inclusion (engraftment),

Soldadura (attachment), Tejido (weaving), Pintura (painting)
Escritura (writing)

b.) mixture (confusion – liquids; commixtion – solids)

c.) specification
 Different modes of acquiring ownership

a.) Occupation
b.) Intellectual Creation
c.) Law
d.) Donation
e.) Succession
f.) Tradition, as a consequence of certain contracts
g.) Prescription

Reason Behind Accession

a.) for accession discreta (to the fruits) justice pure and simple, for one who owns a thing
should justly enjoy its fruits.

b.) for accession continua (attachment or incorporation) economic convenience is better

in a state of single ownership than in a co-ownership. Natural justice demands that the
owner of the principal or more important thing should also own the accessory.

Right to accession is automatic (ipso jure) requiring no other act on the part of the owner
of the principal.

Article 441. To the owner belongs:

1.) The natural fruits 2.) Industrial Fruits 3.) Civil Fruits

This article refers to accession discreta which is defined as the right to the ownership of
fruits produced by our property.

Instances when the Owner of land does not own the fruits:

a.) possessor in good faith b.) usufructuary

c.) lessee gets the fruits of the land d.) In the contract of antichresis

Article 442. Natural Fruits are the spontaneous products of the soil, and the young and other products
of animals. Industrial fruits are those produced by lands of any kind through cultivation
of labor. Civil fruits are the rents of buildings, the price of leases of lands and other
property and the amount of perpetual or life annuities or other similar income.

Kinds of crops:

1.) Perennial crops – those growing each season without need of replanting, like oranges
and apples.

2.) Annual crops – those which have to be planted each year, to gather the fruits.
 Civil Fruits

a.) Rent of buildings

b.) Price of leases
c.) the amount of perpetual or life annuities or other similar income

Article 443. He who receives the fruits has the obligation to pay the expenses made by a third person
in their production, gathering, and preservation.

This article does not apply when the planter is in good faith, because in these case, he is
entitled to the fruits already received, hence, there is no necessity of reimbursing him.

Characteristics of the expenses referred to in Article 443

a.) They must have been used for production, gathering, or preservation, not for the
improvement of the property.

b.) They must have been necessary, and not luxurious or excessive.

Article 444. Only such are as manifest or born are considered as natural or industrial fruits. With
respect to animals, it is sufficient that they are in the womb of the mother, although
unborn.

Difference between civil fruit from natural or industrial fruit

Civil fruits accrue daily and are therefore considered in the category of personal
property, natural and industrial fruits, while still growing, are real property. Civil fruits
can be pro-rated; while natural and industrial fruits ordinarily cannot.

Article 445. Whatever is built, planted or sown on the land of another and the improvements or
repairs made thereon, belong to the owner of the land, subject to the provisions of the
following articles.

This article deals with accession continua; more specifically with accession industrial.
(Building, Planting, Sowing)

Sowing, each deposit of seed gives rise merely to a single crop or harvest;
Planting, more or less permanent trunks or trees are produced, which in turn produce
fruits themselves.
Basic Principles of Accession Continua (Accession Industrial)

1.) Accessory follow the principal

2.) Union or incorporation must, with certain exceptions, be effected in such manner
that to separate the principal from the accessory would result in substantial injury
to either
3.) He who is good faith may be held responsible but should not be penalized
4.) He who is in bad faith may be penalized
5.) No one should enrich himself at the expense of another
6.) Bad faith of one party neutralizes the bad faith of the other so both should be
considered in good faith