Week 5 - Ownership (Part 2) Flashcards
Right to enclose or fence; Right to receive just compensation in case of expropriation; Right to hidden treasure; Right to accession (NCC 426)
What is the legal basis for the owner’s right to enclose or fence his land or property?
NCC. Art. 430. Every owner may enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon.
NCC. Art. 435. No person shall be deprived of his property except by […] and for […] and always upon […].
Should this requirement be not first complied with, the courts shall protect and, in a proper case, […].
NCC. Art. 435. No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation.
Should this requirement be not first complied with, the courts shall protect and, in a proper case, restore the owner in his possession.
Art. 436. When any property is condemned or seized by competent authority in the interest of […], the owner thereof shall not […], unless […].
Art. 436. When any property is condemned or seized by competent authority in the interest of health, safety or security, the owner thereof shall not be entitled to compensation, unless he can show that such condemnation or seizure is unjustified.
NCC. Art. 438. Hidden treasure belongs […].
Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisions, and by […], […] thereof shall be allowed to the finder. If the finder is a trespasser, […].
If the things found be of interest to science or the arts, the State […].
NCC. Art. 438. Hidden treasure belongs to the owner of the land, building or other property on which it is found.
Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance, one-half thereof shall be allowed to the finder. If the finder is a trespasser, he shall not be entitled to any share of the treasure.
If the things found be of interest to science or the arts, the State may acquire them at their just price, which shall be divided in conformity with the rule stated.
Art. 439. By treasure is understood, for legal purposes, […].
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.
Art. 440. The ownership of property gives the right by […], or which is […], either naturally or artificially.
Art. 440. The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially.
Art. 441. To the owner belongs:
(1) The […] fruits;
(2) The […] fruits;
(3) The […] fruits.
Art. 441. To the owner belongs:
(1) The natural fruits;
(2) The industrial fruits;
(3) The civil fruits.
What is the definition of Accession?
Accession may be defined as the right by virtue of which the owner of a thing becomes the owner of everything that it may produce or which may be inseparably united or incorporated thereto, either naturally or artificially.
The equipment of a movie house, as accessories, follow the ownership of the principal. (Tolentino p. 97)
What are the two kinds of accession?
Accession discreta, and accession continua;
What is accession discreta?
(1) Accession discreta is the extension of the right of ownership of a person to the products of a thing which belongs to such person. It is based on the principle of justice for it is just that the owner of a thing should also own its fruits (discreta). Under the Civil Code, it takes place with respect to: (a) natural fruits; (b) industrial fruits; and (c) civil fruits. (Art. 441.)
What is accession continua?
(2) Accession continua is the extension of the right of ownership of a person to that which is incorporated or attached to a thing which belongs to such person. It is based on convenience and necessity for it is more practical that the owner of the principal should also own the accessory (continua) instead of establishing a co-ownership. Under the Civil Code, this kind of accession may take place.
What are the different kinds of accession continua with respect to (a) real property, and (b) personal property?
With respect to real property:
1) accession industrial (building, planting or sowing;
or
2) accession natural (alluvion, avulsion, change of river course, and formation of islands); and
With respect to personal property:
1) conjunction or adjunction (which may take place by inclusion or engraftment, soldadura or attachment, tejido or weaving, pintura or painting, and escritura or writing);
2) commixtion or confusion; or
3) specification. (infra.)
Art. 442. Natural fruits are the […], and the […].
Industrial fruits are those […].
Civil fruits are the […] the […] and […] and the amount of […]. (355a)
Art. 442. Natural fruits are the spontaneous products of the soil, and the young and other products of animals.
Industrial fruits are those produced by lands of any kind through cultivation or labor.
Civil fruits are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income. (355a)
Under the rule of […], to the owner of female animals would also belong the young of such animals al-though this right is lost when the owner mixes his cattle with those of another. [De Leon, p.134]
Under the rule of partus sequitur ventrem, to the owner of female animals would also belong the young of such animals al-though this right is lost when the owner mixes his cattle with those of another.[De Leon, p.134]
What are the general principles of accession continua?
- Accession follows the principal – Owner of the [principal] acquires ownership of the [fruits];
- Incorporation or union must be intimate – Incorporation must be such that removal or separation cannot be effected without substantial injury to either or both;
- Effect of good faith and bad faith – Person who acts in bad faith has no rights (may also be held for damages). However, a person, whether in good faith or bad faith, is entitled to reimbursement for the necessary expenses of preservation as well as expenses for cultivation, gathering, and preservation.
- Effect were both parties in bad faith – Bad faith of one neutralizes the bad faith of the other; Both are considered to be in good faith;
- Principle against unjust enrichment – Right of owner to accessions on land where accessions are due to a third person is subject to the owner’s obligation to pay their value. [De Leon, 2005 ed. p. 140-141].
