Accession (Immovable Property) Flashcards
What is accession and its two kinds?
Accession is the right of a property owner to everything which is:
(1) produced thereby (accession discreta)
(2) incorporated or attached thereto, whether artificially or naturally (accession continua)
What is the rule with regards to fruits?
Generally, the fruits (natural, industrial, civil) of the property belongs to the owner. Except on:
(1) possessor in good faith
(2) lease
(3) usufructuary (another person is given the right to enjoy the property)
What are the different kinds of fruits?
(1) Natural fruits, which are the spontaneous products of soil and the young of animals. They are produced without the intervention of man.
(2) Industrial fruits, which are produced by lands of any kind through cultivation or labor. They are produced with the intervention of man.
(3) Civil fruits are rents of buildings, the lease price, and amount of annuities or similar income.
To whom does the offspring belong when the male and female belong to different owners?
Generally, the offspring is owned by the owner of the female. The reason for this is that it’s hard to trace who is the father of the offspring, and that the owner of the female is burdened with the pregnancy of the female as the latter is useless during such period.
What is the rule with regards to fruits being grown, raised, or cultivated on another person’s land by a third person?
If the fruits are already gathered:
(1) If third person is in bad faith, the fruits belongs to the owner, but the latter must reimburse the former.
(2) If third person is in good faith, the fruits belongs to the third person.
If the fruits are yet to be gathered:
(1) If third person is in bad faith, he is not entitled to reimbursement.
What is the rule with regards to constructions or plantings done by the owner of a land using another person’s materials?
With regards to the landowner:
(1) If landowner is in good faith, he is the owner but must pay the owner of the materials. Except when the owner of the materials can remove the construction or plantings without destruction to the work made.
(2) If landowner is in bad faith, he becomes the owner but must pay the value and damages. Except when the owner of the materials decides to remove the construction or plantings.
With regards to the owner of the materials:
(1) If landowner is in good faith, owner of the materials may remove if he can without destroying the construction or plantings, or he is entitled to reimbursement.
(2) If landowner is in bad faith, owner of the materials can remove them and ask for damages or he is entitled to reimbursement and damages.
What is the rule regarding the building, sowing, and planting by a person on another person’s land?
Generally, whatever is built, sown, and planted on a land, belongs to the landowner.
But if:
(1) The builder is in good faith, the land owner may:
(a) appropriate the building as his own, after paying indemnity
(b) compel the builder to buy the land (but he can’t do this if the value of the land is more than the building), otherwise the builder must pay reasonable rent
(2) The builder is in bad faith, the landowner may:
(a) demand demolition or removal of what was built, at the expense of the builder
(b) compel the builder to pay the price of the land (regardless of the price of the land)
(c) get the building without paying indemnity plus damages
In both cases, the landowner is entitled to damages from the builder.
If both are in bad faith, it is understood that they are both in good faith.
What is alluvium? What is the rule on this?
Alluvium is the soil deposited or added to lands adjoining the banks of rivers, and gradually received as an effect of the current of waters.
By law, the accretion is owned by the owner of the estate fronting the river bank.
What is avulsion? What is the rule on this?
Avulsion is the process whereby the current of a river, creek, or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate.
By law, the accretion belongs to the owner from whose property it was detached.
