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Diliman, QuezonCity
LAW ON PROPERTY
DISCUSSION OUTLINE
1. Classification
2. Ownership
3. Co-Ownership
4. Special Properties
5. Possession
6. Usufruct
7. Donation and Prescription
PROPERTY
Classification
CLASSIFICATION
4. Right of accession
Concept (440-441) – is it a mode of ownership?
General principles and kinds
Both Discreta (produced) and Continua (attached or
incorporated):
Accessory follows principal
No unjust enrichment
Continua alone
Built, planted or sown on land of another belong to landowner
Works, sowing and planting presumed made by owner and his expense
Accessory incorporate to principal (447)
Bad faith includes liability for damages
Bad faith of one neutralizes bad faith of another (453)
Discreta alone
Ownership of fruits (441)
Obligation of receiver of fruits to pay expenses of 3 rd party
in production, gathering and preservation (443)
OWNERSHIP
Kinds accession
Discreta: natural, industrial and civil (440)
Continua
Over immovables
Artificial or industrial (building, planting and sowing – BPS) Owner is BPS
using material of another in GF/BF (447)
BPS builds, plants or sows on another’s and using his own materials in
GF/BF (448-454)
BPS builds, plants and sows on another’s land with materials of 3 rd
person (455)
Over movables (466-470)
Natural
Alluvium (457)
Avulsion (459); Trees (460)
Change in course of river (461-463)
Islands formation (461-465)
Over movables (471-474): conjunction, adjunction,
commixtion, confusion, specification
OWNERSHIP
1. Defined.
2. La B’gal Bulaan Tribal Association vs. Ramos
3. Other Classification By:
Physical existence: corporeal and incorporeal
Autonomy or dependence: principal, accessory
Subsistence after use: consumable (418), fungible
Divisibility
Designation: generic and specific
Time: present and future
Contents and constitution: singular (simple and compound)
and universal
Appropriation: Non-appropriable and appropriable
Commerce: within and outside
CO-OWNERSHIP
EFFECTS OF POSSESSION
Do you lose possession of movables if you are under control? (556)
Do you lose possession of immovables by prescription? (557)
Possession of movable acquired in good faith is equivalent to a
title (559)
What if acquired in good faith at a public sale?
USUFRUCT
Concept and How Constituted (562-564)
Specific Rights: Who gets the fruits? Hidden treasure? (566-567)
Other rights (568-580) – just review
Obligations: Inventory and Security (583)
Other obligations (584-591) – just review
Obligations: Ordinary and Extraordinary Repairs; Taxes (592-597)
Extinguishment (603)
Usufruct in favor of corporation not more than 50 years (605)
PROPERTY
Easements/Servitudes
EASEMENTS OR SERVITUDES
Kinds (613-619)
Dominant vs. servient (613)
Continuous vs. Discontinuous (615); Apparent vs. Non-apparent
Positive vs. Negative (616)
Are easement indivisible? (618)
Established by law (legal) or will (voluntary) (619)
Modes of Acquiring (620-626)
Continuous and apparent acquired by title or 10 year prescription
(620)
Continuous, non-apparent and discontinuous can be acquired only
by title (622)
Rights and Obligations (627-630)
Modes of Extinguishment (631)
Legal Easements (634-687) - review
General
Relating to Waters
EASEMENTS OR SERVITUDES
Diliman, QuezonCity
LAW ON PROPERTY