You are on page 1of 8

PROPERTY

Elements [ U S A ]
1. Utility - capability of the thing to satisfy a human need
2. Substantivity - independent existence
3. pp!op!iability - susceptible to o"ne!ship
#mmovable $!ope!ty% by catego!y
1. &y natu!e - lands% !oads% mines and 'ua!!ies as "ell as se"e!s%
!ega!dless of any conside!ation
2. &y inco!po!ation - buildings and othe! st!uctu!es adhe!ed to the soil%
attached to an immovable in a fixed manne!%
i!!espective of o"ne!ship the!eof
3. &y destination - ob(ects fo! use o! o!namentation placed in buildings
o! on lands by the o"ne! of the immovable o! agent
that it !eveals the intention to attach them the!eto) as
"ell as machine!y and othe! implements intended
by the o"ne! of the tenement fo! an indust!y o!
"o!* "hich may be ca!!ied on in a building o! on
a piece of land and "hich tend di!ectly to meet the
needs of said indust!y o! "o!*
+. &y analogy - !eal !ights ove! immovable
$e!sonal $!ope!ty
1. movables susceptible of app!op!iation "hich a!e not included as immovables
2. !eal p!ope!ty by special p!ovisions of la" a!e t!eated as pe!sonalty
3. fo!ces of natu!e "hich a!e b!ought unde! the cont!ol of science
+. in gene!al% all things "hich can be t!anspo!ted f!om place to place "ithout
impai!ment of the !eal p!ope!ty to "hich they a!e attached
nd also%
1. obligations and actions "hich have fo! thei! ob(ect movables o! demandable
sums
2. sha!es of stoc*% although they may have !eal estate
Ownership
Elements
1. ,ight to en(oy
a. !ight ove! the f!uits - (us f!uendi.
b. !ight to possess - (us possidendi.
c. !ight to use -(us utendi.
d. !ight to consume o! abuse - (us abutendi.
2. ,ight to dispose
3. ,ight to exclude
+. ,ight to !ecove!
Doctrine of self-help - may use such fo!ce as may be !easonably necessa!y to !epel
o! p!event an actual o! th!eatened unla"ful physical
invasion o! usu!pation of p!ope!ty
Doctrine of Incomplete Privilege - the o"ne! cannot !efuse inte!fe!ence by
anothe! if such inte!fe!ence is necessa!y to
ave!t an imminent dange! and the th!eatened
damage% compa!ed to the damage a!ising to
the o"ne! f!om the inte!fe!ence is much
g!eate!
,ight of accession
/ives to the o"ne! the !ight to eve!ything0
1. p!oduced the!eby -accession disc!eta.
2. inco!po!ated o! attached the!eto -accession continua.% natu!ally o! a!tificially
ccession 1isc!eta
2o the o"ne! belong the f!uits0
1. natural - spontaneous p!oducts of the soil% young and othe! p!oducts
of animals
2. industrial - those p!oduced by lands of any *ind th!ough cultivation o!
labo!
3. civil - !ent of buildings% p!ice of leases of lands% etc.
Gathered fruits Ungathered fruits
3"ne! should pay fo! the expenses of
cultivation% gathe!ing and p!ese!vation%
i!!espective of good faith o! bad faith
4hen the possession is inte!!upted% and
in bad faith% no !eimbu!sement is due
ccession 5ontinua
1. #ndust!ial - building% planting and so"ing
2. natu!al - alluvion% avulsion% change of !ive! bed and fo!mation of
islands
ccession #ndust!ial
$!inciples
1. #f !emoval can be achieved "ithout dest!uction% !ules on accession a!e
inapplicable
2. 2he accesso!y follo"s the p!incipal
3. $!inciples of un(ust en!ichment gene!ally applicable
+. s against a pe!son in good faith% one "ho is in bad faith not only loses his
!ights but may be held liable fo! damages
3"ne! of 6ate!ials
#f both in good faith0
1. 73
a. shall pay thei! value
2. 36
a. !ight to !emove them "ithout in(u!y to the "o!* const!ucted
3. #f 73 in bad faith
a. pay the value plus damages
b. 36 can !emove "hethe! o! not it dest!oys the "o!*% "ith damages
&uilde!% so"e! and plante!
1. #f both in good faith
a. 73 has !ight to app!op!iate afte! paying necessa!y and othe! expenses
3,
b. 2o oblige the &$ to pay the p!ice and the S to pay !ent
c. &ut% the second option is not available if the value of the land is highe!
than the building o! t!ees. #n such case% pay !ent it the o"ne! does not
choose to app!op!iate
2. #f &$S in bad faith
a. &$S loses eve!ything but necessa!y expenses a!e !eimbu!sed
b. 73 may0
b.1 demand demolition at expense of &$S
b.2 3, compel &$ to pay the p!ice of the land and S the p!ope!
!ent
b.3 any option entitles him to damages
3. #f 73 in bad faith
a. pay value plus damages
b. !emove even if it dest!oys% "ith damages
#f the mate!ials belonged to thi!d pe!son% 73 subsidia!ily liable
ccession 8atu!al
1. Alluvion - gives to the o"ne!s of lands ad(oining the !ive!
ban*s of !ive!s o! st!eams any acc!etion "hich is
g!adually !eceived f!om the effects of the cu!!ents
of the !ive!s
2. Avulsion - "heneve! the cu!!ent of a !ive!% c!ee* o! to!!ent
seg!egates f!om an estate on its ban* a *no"n
po!tion of land and t!ansfe!s it to anothe!
-land 2 y!s% t!ees 9 mos.
ccession 5ontinua of 6ovables
1. Adjunction or conjunction - "heneve! t"o movables belonging to diffe!ent
o"ne!s a!e% "ithout losing thei! identity o! natu!e%
united in such a "ay that they fo!m a single ob(ect
2. Mixture - if t"o solid -comixtion. o! li'uid -fusion. things
of the same o! diffe!ent *inds a!e mixed% the!eby
ha!dly p!ese!ving thei! o!iginal identities
3. Specification - "hen a pe!son t!ansfo!ms the mate!ial of anothe!
into a ne" thing
CO-OWNERSHIP
,ights of co-o"ne!s
1. inte!est in the ideal o! abst!act pa!t
a. absolute
b. may alienate% assign o! mo!tgage
2. on the physical things itself
a. may use acco!ding to pu!pose
b. "ithout in(u!y to the !ights of othe! co-o"ne!s
1ecisions
1. cts of p!ese!vation - by one but must t!y to notify
2. cts of administ!ation - ma(o!ity of cont!olling inte!est
3. acts of alte!ation% encumbe!ance o! alienation - 77
4hen no pa!tition can be made
1. g!eement not exceeding ten yea!s% "hich may be !ene"ed -not automatic.
2. 1ono! o! testato! p!ohibits but not mo!e than 2: yea!s
3. $!ohibited by la"
c'uisition by p!esc!iption
1. 5o-o"ne!ship must be !epudiated exp!essly o! by une'uivocal and positive
acts
2. ,epudiation must be made *no"n to the othe! o"ne!s
3. ,epudiating o"ne! must be in open% continuous% exclusive and noto!ious
possession fo! the pe!iod !e'ui!ed by la" -3: y!s..
POSSESSION
2he holding of a thing o! en(oyment of a !ight
1. intent to possess -animus possidendi.
2. a thing o! !ight -co!pus. susceptible of app!op!iation
1eg!ees of holding
1. $ossession "ithout any title "hatsoeve!
2. $ossession "ith (u!idical title
3. $ossession in the concept of an o"ne! - "ith o! "ithout (ust title
+. $ossession "ith a title in fee simple
6odes of ac'ui!ing
1. mate!ial occupation of a thing o! the exe!cise of a !ight
2. by the fact that it is sub(ect to the action of ou! "ill
3. by the p!ope! acts and legal fo!malities established fo! ac'ui!ing such !ight
5onflict of possession
1. p!esent possesso!
2. one in longe! possession
3. one "ho p!esents a title
+. placed in (udicial deposit
2ac*ing of possession -only if the!e is p!ivity bet"een p!evious and p!esent.
2heo!y of #!!evindicability
7oss of possession
1. dest!uction of the thing
2. abandonment
3. possession by anothe! -unless clandestine.
+. assignment to anothe!
USUFRUCT
/ives a !ight to en(oy the p!ope!ty of anothe! "ith the obligation of p!ese!ving its
fo!m and substance% unless the title constituting it o! the la" othe!"ise p!ovides
Extinguishment
1. 6e!ge! of the usuf!uct and o"ne!ship in the same pe!son
2. ,enunciation of the usuf!uctua!y
3. 2otal loss of thing in usuf!uct
+. 2e!mination of the !ight of pe!son constituting the usuf!uct
;. $!esc!iption
EASEMENTS OF SERVITUDES
n encumbe!ance imposed upon an immovable -p!edial easement. belonging to a
diffe!ent o"ne!
1ominant and se!vient estates
6ay also be imposed fo! the benefit of a community o! of one o! mo!e pe!sons
-pe!sonal easement. to "hom the encumbe!ed estate does not belong
6odes of ac'ui!ing
1. 2itle
a. <olunta!y
b. 7egal
2. &y p!esc!iption
3. &y appa!ent sign o! legal p!esumption
=inds
1. Continuous - the use of "hich is o! may be incessant% "ithout the
inte!vention of any act of man
Discontinuous - used at inte!vals and depend upon acts of man
2. Apparent - a!e *no"n and continually *ept in vie" by exte!nal
signs that !eveal the use and en(oyment of the same
on apparent - sho" no exte!nal indication of thei! existence
3! Positive - imposes upon the o"ne! of the se!vient estate the
obligation of allo"ing something to be done o! of
doing it himself
egative - p!ohibits the o"ne! of the se!vient estate f!om doing
something "hich he could la"fully do if the same
easement does not exist
&y p!esc!iption - continuous and appa!ent fo! 1: yea!s
Easements !elating to "ate!s
1. lo"e! estates obliged to !eceived "ate!s "hich natu!ally descend f!om highe!
estates
2. ban*s of !ive!s and st!eams a!e sub(ect th!oughout thei! length in 3-mete! >one
to the easement of public use in the gene!al inte!est of navigation% floatage%
fishing and salvage
3. easement of to"path
+. easement of abutment of a dam% afte! payment
;. compulso!y easements fo! d!a"ing "ate! o! "ate!ing animals% payment
9. easement of a'ueduct - continuous and appa!ent
?. stop loc* o! sluice gate in the bed of st!eam fo! i!!igation
Easements of !ight of "ay
1. estate is su!!ounded by immovables
2. it is "ithout ade'uate outlet to public high"ay
3. p!ope! indemnity must be paid
+. the isolation is not due to p!op!ieto!@s o"n acts
;. the !ight of "ay claim is at a point least p!e(udicial to the se!vient estate
- animal path% animal t!ail gove!ned by o!dinance
Easement of pa!ty "all
- fo!ced co-o"ne!ship% conside!ed dominant and se!vient of the othe!
$!esumed in0
1. dividing "alls of ad(oining buildings up to the point of common elevation
2. dividing "alls of ga!dens o! ya!ds situated in cities% to"ns o! in !u!al
communities
3. fences% "alls and live hedges dividing !u!al lands
Easement of light and vie"
1!ainage of buildings
#nte!mediate distances and "o!*s fo! const!uctions and plantings
Easement against nuisance
7ate!al and sub(acent suppo!t
Extinguished by
1. me!ge! in the same pe!son of the full o"ne!ship of the dominant and se!vient
estates
2. by non use! fo! ten yea!s
3. "hen eithe! o! both fall into such condition that the easement cannot be used
+. expi!ation of te!m
;. !enunciation of the o"ne! of the dominant estate
9. !edemption ag!eed upon bet"een the o"ne!s of the dominant and se!vient
estates
NUISANCE
ny act% omission% establishment% business% condition of p!ope!ty% o! anything else
"hich0
1. in(u!es o! endange!s the health o! safety of othe!s
2. annoys o! offends the senses
3. shoc*% defies o! dis!ega!ds decency o! mo!ality
+. obst!ucts o! inte!fe!ed "ith the f!ee passage of any public high"ays o! st!eet
o! any body of "ate!
;. hinde!s the use of p!ope!ty
tt!active nuisance
pe!son "ho maintains in his p!emises a dange!ous inst!ument o! appliance of a
cha!acte! that is li*ely to att!act child!en at play% and "ho fails to exe!cise due ca!e to
p!event them f!om playing the!e"ith% shall be liable to a child of tende! yea!s "ho is
in(u!ed the!eby% even if the child is technically a t!espasse! in the p!emises. body of
"ate!% "hethe! natu!al o! a!tificial% the latte! being me!ely a duplication of natu!e% cannot%
as a !ule be an att!active nuisance unless unusual featu!es a!e added so as to inc!ease a
possible invitation to dange! to child!en at play.
=inds
1. $ublic o! p!ivate
2. $e! se o! pe! accidens
,emedies
a! pu"lic
1. $!osecution
2. 5ivil action
3. batement "ithout (udicial p!oceedings
- to be dete!mined by dist!ict health office! "hich one
"! private
1. civil action
2. abatement "ithout (udicial p!oceedings
Ao! abatement to be valid0
1. demand be fi!st made upon the o"ne! o! possesso! of the p!ope!ty to abate the
nuisance
2. such demand is !e(ected
3. abatement app!oved by dist!ict heath office! and executed "ith assistance of
police
+. value of the dest!uction does not exceed $3%:::