Ownership In General Flashcards
Define OWNERSHIP
Independent right of a person to the exclusive enjoyment and control of a thing including its disposition and recovery subject only to the restriction or limitations established by law and the rights of others.
What are the rights included in ownership? (ATTRIBUTES OF OWNERSHIP)
1) Jus possidendi or the right to possess;
2) Jus utendi or the right to use and enjoy;
3) Jus fruendi or the right to the fruits;
4) Jus accessionis or the right to the accessories;
5) Jus abutendi or the right consume the thing by its use;
6) Jus disponendi or the right to dispose or alienate; and
7) Jus vindicandi or the right to vindicate or recover.
Principle of Self-help (Art. 429)
the owner or lawful possessor of a thing has the right to exlude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property.
Requisites for Self-help
1) Owner or lawful possessor;
2) Reasonable force;
3) No delay, immediate after dispossession;
4) Actual or threatened physical invasion or usurpation.
State of Necessity (Art. 432)
The owner of a thing has no right to prohibit the interference of another with the same, if the interference is necessary to avert an imminent danger and the threatened damage, compared to the damage arising to the owner from the interference, is much greater. The owner may demand from the peron benefited indemnity for the damage to him.
Andamo v. IAC
Adjoining landowner have mutual and reciprocal duties which require that each must his own land in a reasonable manner so as not to infringe upon the rights and interest of others.
Hidden Treasure (Art. 439)
By treasure is understood, for legal purposes, any hidden and unknown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear.
What are the limitations to Surface Rights? (Art. 437)
… without detriment to servitudes and subject to special laws and ordinances. He cannot complain of the reasonable requirements of aerial navigations
What are the other restrictions on Surface Rights?
1) Regalian Doctrine;
2) Reasonable requirement of underground shelters and depots with proper state permission, as long as the surface right is not substantially disturbed.
Surface Rights (Art. 437)
The owner of a parcel of land is the owner of its surface and everything under it, and he can construct thereon any works or make any plantations and excavations which he may deem proper…
Characteristics of Ownership
(a) Elastic;
(b) General;
(c) Exclusive;
(d) Independent;
(e) Perpetual.
Accion Interdictal
It is a summary action to recover physical or material possession only and it must be brought within one (1) year from the time the cause of action arises. It may be:
(a) Forcible Entry;
(b) Unlawful Detainer.
Accion Publiciana
It refers to an ejectment suit filed within 10 years after the expiration of one year from accrual of cause of action from the unlawful witholding of possession of the realty.
It is an ordinary civil proceeding to recover the better RIGHT OF POSSESSION, except in cases of forcible and unlawful detainer. What is involved here is not possession de facto but possession de jure.
Accion reinvindicatoria
It is an action to recover real property based on OWNERSHIP. Here, the object is the recovery of the dominion over the property of the owner.
Napocor v. Ibrahim; limit to the subterranean rights
Presumably the landowner’s right extends to such height of depth where it is possible for them to obtain some benefit or enjoyment, and it is extinguished beyond such limit as there would be no more interest protected by law.
