Wednesday, January 11, 2006

All About Properties (Part 1)

Our preliminary examination on Civil Law Review with topic on Properties shall be given tonight. The subject of properties are divided into the following topics:

- Classification of Properties
- Accession
- Quieting of Title
- Co-ownership
- Possession
- Usufruct
- Easement
- Donations
- Nuisance

Properties may be classified as follows: As to -
a) nature/mobility and non-mobility - immovable or movable
b) ownership - private ownership or public dominion
c) alienability - within the commerce of man or outside the commerce of man
d) existence - present or future property
e) materiality or immateriality - tangible/corporeal or intangible/incorporeal
f) dependence or importance - principal or accessory
g) capability of substitution - fungible or non-fungible
h) nature of definiteness - generic or specific
g) whether in custodia legis or free property

On the topic of accession, the following lectures might help:

Forms of Natural Accession:
a) Alluvium - is the soil deposited or added to the land adjoining the banks of the rivers which they gradually receive as an effect of the current of the waters. To the owners of the land adjoining the bank of the rivers belong the accretion which they gradually receive from the effects of the current of the river. (Note: Registration of the accretion must be sought, otherwise it may be lost thru prescription.)

b) Avulsion - is the process whereby the current of a river, creek or torrent segregates from an estate on its bank known portion of land and transfer it to another estate. (Note: The land still belongs to the owner of the estate to which the segregated portion belong, provided he remove the same within two years.)

c) Change of course of a river - River bed which are abandoned through the natural change of course of a river, ipso facto, belong to the owners whose lands are occupied by the new course in propertion to the area lost. (Note: The term "in proportion to the area lost" has no application if there is only one owner. Such that if A owns the land which is the new river bed, he alone and no other will benefit in the abandoned river bed.)

d) Formation of islands - due to the branching of a river. Same owner which may either be by isolation or separation.

Principle - The accessory thing follows the principal object.
Tests - (a)intention; (b) value; (c) greater in volume;and (d) merit

Quieting of Title
An action to quiet will prosper when the following requisites are present:
a) Existence of an instrument or record or claim or encumbrance or proceeding;
b) The document appears to be valid or effective;
c) But the document is in truth and in fact, invalid, ineffective, voidable or unenforceable; and
d) The document is prejudicial to the title.

Ownership on an undivided thing or right belongs to two or more persons.
Characteristics - Plurality of subjects, unity of objects, co-owner has no separate and distinct legal personality from co-owners, no particularity of portion, creation for collective enjoyment.
Nature - it has the nature of a trust.

Holding of a thing or enjoyment of a right.

Outline of the effects of possession in good faith and possession in bad faith.

a) Fruits received
1. Possessor in GF -entitled to fruits received while possession is still in GF.
2. Possessor in BF - shall reimburse fruits received of which legitimate possessor could have received subject to Art. 443.

b) Pending fruits
1. PGF and legitimate possessor shall be liable for expenses of the cultivation and shall share in the net harvest in proportion to the time of their possession.
2. PBF - no rights

c) Charges
1. Possessor whether in GF or BF and legitimate possessor shall share in proportion to the time of their possession.

d) Expenses
Necessary expenses
1. PGF - right of reimbursement and retention
2. PBF - right of reimbursement only

Useful expenses
1. PGF - right of reimbursement, retention and limited right of removal
2. PBF - no right

Ornamental expenses
1. PGF - limited right of removal
2. PBF - limited right of removal

e) Deterioration or loss
1. PGF - no liability, unless due to his fault or negligence after he had decome PBF
2. PBF - always liable, whether due to his fault or negligence or due to fortuitous event

Concept - Usufruct gives a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides.

Obligations of the usufructuary:

At the commencement of the usufruct:
1. to make an inventory report
2. to give the necessary security

During the pendency of the usufruct:
1. to take care of the property as a good father of a family
2. to make ordinary repairs on the property
3. to notify the owner in case the need for extraordinary repairs on the property is urgent
4. to pay the annual charges and taxes and those considered as a lien on the fruit
5. to notify the owner of any act of a third person that may be prejudicial to the right of ownership
6. to pay the expenses, costs and liabilities in suits with regard to the usufruct

Upon termination of the usufruct:
1. to deliver the thing to the owner, without prejudice to the right of retention pertaining to him or to his heirs for taxes and extraordinary expenses which should be reimbursed

Usufructuary's right of reimbursement:
1. The usufructuary shall have the right to demand reimbursement from the owner of all necessary expenses which might have incurred for the preservation of the property.
2. The usufructuary is not entitled for reimbursement of useful and ornamental expenses, but he may remove improvements provided that it is possible to do so without damage to the property. In addition, he may set-ff such improvements against damage to the same.

... to be continued


  1. Kuya hanggang saan ba coverage ng exam?

  2. Anony,

    By now alam u na kung hanggang saan. ;-)Sorry.