II. B. Rights of Accession

Question 1

B2. Rule on Ownership regarding Accession
Industrial

Answer 1

GR: The owner of the land is the owner of whatever is built, planted or sown on that land, including the improvements or repairs made thereon.

XPNs:

1. When the doer is in good faith, the rule is modified; or
2. Improvements on the land of one of the spouses at the expense of the conjugal partnership will belong to the partnership or to the spouse who owns the land depending on which of the two properties has a higher value. (Art. 120, F.C.)

Question 2

Master rules of owner in BF & GF- Ganchoon 5-7

Question 3

Accession Natural

Answer 3

: A person owns whatever is incorporated or attached to his land due to the exclusive
work of nature

Question 4

What is Accretion/ Alluvion

Answer 4

ACCRETION OR ALLUVION *

DEFINITION: Increase in the size of one’s land due to the gradual deposit caused by the current of the waters of a river. (Art. 451) *

REQUISITES:

(1) the accumulation of soil or sediment [called alluvium] be gradual and imperceptible;

(2) it be the result of the action of the waters of a river; and

(3) the land where accretion takes place is adjacent to the bank of the river.

Question 5

Does alluvium automatically become part of registered land?

Answer 5

The alluvium does not automatically become part of the registered land to which they have been added. It needs to be registered under the Torrens System by the owner of the land to which it is attached, otherwise it can be acquired by other persons through prescription

Question 6

Effect of increase or decrease of waters to lands adjoining a pond or lagoon (or lake

Answer 6

Effect of increase or decrease of waters to lands adjoining a pond or lagoon (or lake43):

▪They continue to belong to their respective owners in case they are inundated by extraordinary floods. (Art. 458)

▪They do not include lands left dry by the natural decrease of the waters of pond, lagoon or lake. do not belong to the owners of the lands adjoining such pond / lagoon (or lake) (Art. 458)

Question 7

What is FORESHORE LAND?

Answer 7

FORESHORE LAND: It is land that is adjacent to the sea and is alternately covered and left dry by the ordinary flow of the tides. It belongs to the public domain. The real party-in-interest for filing a complaint for recovery of its possession is the Republic, through the OSG

Question 8

Accession Natural: AVULSION

Answer 8

DEFINITION: Dramatic increase in the size of one’s land due to the transfer thereto of a portion of land forcibly segregated from another estate by the current of a river, creek or torrent. (Art. 459)

Question 9

Acc Natural; Segregated Land

Answer 9

SEGREGATED LAND: As a general rule, it belongs to the owner thereof. If he does not remove it within two years, it belongs to the owner of the land to which it is added. (Art. 459)

Question 10

Acc Natural; Uprooted Trees

Answer 10

UPROOTED TREES: As a general rule, they belong to their owners, subject to payment of the expenses incurred in gathering or putting them in a safe place. If their owners do not claim them within six months, they belong to the owner of the land upon which they may be cast. (Art. 460)

Question 11

Acc Natural; Change in course of river (CICOR)

Answer 11

REQUISITES:

(1) old course of the river,

(2) new course of the river, and

(3) the change of course from the old location to the new location by natural occurrence.

Question 12

Acc Natural; CICOR

a. NEW RIVER BED

b. ABANDONED RIVER BED

Answer 12

▪ NEW RIVER BED: belongs to the public dominion, even if situated in a private estate (Art. 462)

▪ ABANDONED RIVER BED: belongs ipso facto to the owners of lands that are occupied by the new course in proportion to the area lost. However, the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value shall not exceed the value of the area occupied by the new bed. (Art. 461)

Question 13

Acc Natural; CICOR

a. DRIED-UP RIVER BED

b. A PORTION OF PRIVATE LAND SEGREGATED BY THE CURRENT

Answer 13

• DRIED-UP RIVER BED: still forms part of public dominion, can’t be the subject of acquisitive prescription, unless competent proof is presented that it was already declared alienable and disposable by the Government.
• A PORTION OF PRIVATE LAND SEGREGATED BY THE CURRENT: ownership thereof is retained by the owner (Art. 463)

Question 14

Acc Natural; FORMATION OF ISLANDS

*Navigable

*Non-Navigable

Answer 14

• If formed on seas within the jurisdiction of the Philippines, lakes and navigable or floatable rivers the island belongs to the State. (Art. 464)
• If formed on non-navigable and non-floatable rivers, it belongs to:

(1) the owner of land adjoining the river that is nearest to the island; or
(2) both owners of the lands on opposite sides of the river, if the island is in the middle of the river. (Art. 465)

• NOTE: The islands must be formed through the gradual accumulation of alluvial deposits and not by avulsion. The island must be registered by the lawful owner; otherwise, it may be acquired by others through prescription.