Concept of Ownership Flashcards
is the right of a person to the enjoyment and control of property including disposition and recovery subject to restrictions by laws and ROT
ownership
Define land.
earth surface including things permanently and naturally attached by nature
Define real estate.
land and all items attached to the land
Define real property.
rights, interest and benefits related to ownership
Define property as per Article 414, NCC.
all things that are and maybe objects of appropriation. Also a legal concepts pertaining to RIB related to ownership.
Give 3 classification of things. NCA
belong to anyone
res nullius - does not belong to anyone
res communes - belong to everyone
res alicujus - belong to someone
Give the 3 characteristics of property. USI
Utility
Susceptibility or appropriation
Individuality or substantivity
Classification of Property. 7
- Mobility / immobility -
- To whom it belongs
- Alienability
- Dependency or Importance
- Existence
- Materiality or immateriality
- Capability of Substituion
Properties that has the characteristics of immobility
immovables or real property
Properties that has the characteristics of mobility
movables or personal property
Owned in public capacity
public dominion
Owned in private capacity
private ownership
Property that can be subject to legal transactions
within the commerce of men
Property that cannot be subject to legal transactions
outside the commerce of men
Property to which other thing is considered dependent or subordinated
Principal
Property which is dependent upon principal
accessory
Property which enjoyment is vested in present time
Present property
Property which enjoyment is postponed to future time
Future property
Property that has physical form or substance
Tangible / Corporeal
Property that has no form or substance like copyright, stocks cert, bonds, promisory notes
Intangible / Incorporeal
Property that is replaceable by an equal and quantity
Fungible
Property that is irreplaceable
Non-fungible
Give 10 immovable properties accrdg to Article 415, NCC.
- lands, bldgs, roads
- trees
- attached to an immovable in fixeed manner
- status, reliefs, paintings
- machinery,
- animal houses
- fertilizer
- mines, quarries
- dock structures
- contracts for public works
Classifications of immovable prop. NIDA
by nature
by incorporation
by destination
by analogy
Cannot be carried from one place to another
Immovable by nature
Attached to an immovable in a fixed manner to be an integral part there of
Immovable by incorporation
Placed in an immovable for the utility it gives to the activity being carried upon
Immovable by destination
Classified by express provision of law
Immovable by analogy
Give 6 conditions to be deemed personal property according to Article 416, NCC
- susceptible to appropriation
- considered by law as personalty
- forces in nature by science
- can be transported
- obligations object demandable
- shares of stock of agri, commercial, industrial entities
Conditions for machineries to be considered immovable. 4
- placed by the owner to the real property
- industry carried on in the bldg where equipment is placed
- meets the need of industry
- essential to the fulfillment of business
Test to determine movable/ personal property. EDS
by exclusion
by description
by special provision of law
Those which are under the jurisdictoon and administration of the state for the collective enjoyment of the people.
Public dominion
Those beside the patrimonial property of the state consisst of all property belonging to provate persons
Property of Private Ownership
Latin for Regalian Doctrine
Jura Regalia
A principle in law that all natural wealth-AGFOMINA of the public doman and all other natural resources belong to the state.
Regalian Doctrine
All lands of public domain belongs to the state
Regalian Doctrine
All lands owned by the State and it has control and administration over it.
Public Doman
Classification of Lands of Public Doman
Agricultural, Forest/Timber,Mineral, Nat’l Park
Land producting wood or able to produce wood
Forest / Timber
Land principally devoted to the raising of crops such as rice, sugar, tobacco
Agricultural
Lands in whcih mineral exist in sufficient quantity to justify the necessary expenditures to be incured in mining
Mineral
Lands maintained by the govt as a place of beauty or public recreation or wildlife refuge
National Park
What land is alienable
Agriculture
Limitation for holding of agri land by corp and assoc
not more than 25 years renerable for another 25 years max of 1000 ha
Filipino citizens may lease not more than _____ ha, either by purchase of homestead as per ________.
12, 1987 Phil Constitution
Properties of Public Dominion. 3
- intended for public use
-belong the the State
-for dev’t of national wealth
Principle in dealing with public dominion. 5
- cannot be alienated or leased
- cannot be acquired by prescription
- cannot be registered under LRA for TCT
- cannot be levied upon
- cannot be burdened by voluntary easement
Property owned by the State in its private of proprietary capacity. Exists fir the attainment of the State’s economic monetary ends, subsistence or preservation of natural being.
Patrimonial property
Example of Patrimonial property
mangrove land/swamp
friar lands
escheated property
Under the constitution, it provides that the property owner is bound to utilize their lands in a manner that promotes welfare not just for themselves but for the State
Stewardship Principle
Rights inherent to ownership. He can construct any works or make excavations detriment to servitudes and subjected to special laws and ordinances.
Right of ownership
Right of an owner to use and control air space over his land.
Air right
Right of an owner to use and control its surface and everything under it
Surface right
Bundle of Right Concept is also known as
Livery Seisin
The absolute right of ownership without limitation other than imposed by law
Fee simple
Right to use the property owned
jus utendi
Right ot enjoy fruits of property
jus fruendi
Right to consume thing or right to abuse
jus abutendi
Right to possess things
jus possedendi
Right to dispose, encumber and destroy…
jus disponendi
Right to vindicate or recover
jus vindicandi
Right to the accessories or anything attached to the land
jus accessiones
What are the bundle of rights of ownership? 8
right to enjoy and dispose
right to the fruits of property
right to possess
right to exclude other from enjoyment
right to dispose the property
right to recover
right to remove the cloud
right to redemption
Force in defense of property is justified
Doctrine of Self-help
Any hidden or unknown deposit of money, jewelry on which it is found
Hidden treasure
Right pertaining to the owner of the thing over everything which is produced thereby.
Accession
Right over the product of the property
Accession discreta
Spontaneous product of the soil and the young of animals
Natural fruits
Those produced by land or any form by cultivation or labor
Industrial fruits
Rents of bldgs, price of leases of lands or other similar income
Civil fruits
Right pertaining to the owner of a thing over everuything which is incorporated or attached thereto, naturally or artificially
Accession continua
That which takes place in bldg, planting and sowing
Accession industrial
Those which takes place on lands adjoining the banks of rivers, lakes, creeks or
Accession natural
Those which takes place on lands adjoining the banks of rivers, lakes, creeks gradually receive from the effects of the water
Accesion
That which takes place when a river bed is abandoned through the natural change in the course of the waters. Sudden.
Avulsion
One whereby the happening of certain event automatically terminates the entitlement of the estate and reverts back to previous owner
Fee simple determinable
One whereby the happening of a stated event terminates the right over the estate: like succession of a property conditioned on not to remarry for a widow spouse
Fee simple subject to a subsequent condition
One whereby an occurence of an event passes title to a third person, like trusteeship
Fee simple subject to an executory interest
One whereby the estate has a limited duration based on the life of the property owner
Life estate
One where the tenant has the right to occupy or to use the RP for a specified period upon payment of rentals periodically
Tenancy for years
One which continued from one period to another and can be cancelled or renewed at the end of each period
Tenancy for period to period
One whereby a tenancy started by legal means but ended the tenancy without legal justification but merely on the owners implied consent
Tenancy at sufferance
One which is subject to the will of the parties
Tenancy at will
Equal Ownership, Right of Survivosrhip, Transfer of Interest
Joint Tenancy
Separate ownership shares, No right of survivorship, Transferable ownership
Tenancy in common
Former Filipino citizens are allowed to purchase land for _______.
BP 185 - Res - 1000,1
RA 8179 - Commercial - 5000,3
CARP - 5,3
Ff persons cannot acquire of purhcase land
guardian
agents and administrator
executors of property
publics officers and employees
Cases when foreigners are allowed to own real estate
acquired before 1935 Constitution
thru inheritance
not more than 40% interest in condo
former Fil subject to limitations
Filipina who married afam but remained Fil
Those limitations imposed under constitution, particularly in the exercise of its power
Constitutional Limitations
Inherent power of the State. PETE
police powers
eminent domain
taxation
escheat
The right of the State to regulate and restrict property rights for a common welfare
Police Powers
Power of the State to raise revenue to defray govt expenditures
Taxation
The right of the State to take/ possess certain properties subject to certain conditions
Eminent domain
Conditions for eminent domain
- prop must be taken for public use
- undetaken by govt authority
-with due process
-just compensation must be paid
Refers to the fair and reasonable compensation paid by the State for expropriating property for gov’t use
Just compensation
Formula for just compenation
JC= Market Value+Consequential Loss - Consequential Benefits
or
JC= MC -CB+CL
The estimated value of a property which is the object of expropriation
Condemnation Value
It is the reversion or automatic conveyance of realty to govt, upon owners death, due to absense of will, heir, or when owner does not pay his taxes.
Escheat
No person shall enrich himself at the expense of another
Solutio Indebiti
