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Chapter 7 INTERMEDIATE DISTANCES AND WORKS FOR CERTAIN CONSTRUCTIONS AND PLANTINGS

Art. 677. No constructions can be built or plantings made near fortified places or fortresses without compliance with the conditions required in special laws, ordinances, and regulations relating thereto.

Constructions and Plantings near Fortified Places Public security and safety demand that Art. 677 must be complied with.
Art. 678. No person shall build any aqueduct, well, sewer, furnace, forge, chimney, stable, depository of corrosive substances, machinery, or factory which by reason of its nature or products is dangerous or noxious, without observing the distances prescribed by the regulations and customs of the place, and without making the necessary protective works, subject, in regard to the manner thereof, to the conditions prescribed by such regulations. These prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors. In the absence of regulations, such precautions shall be taken as may be considered necessary, in order to avoid any damage to the neighboring lands or tenements.

CONSTRUCTION OF aqueduct, well, sewer, furnace, forge, chimney, stable, depository of corrosive substances, machinery, or factory: The distances prescribed by the regulations (ordinances) and customs must be followed, otherwise take precautions. NO WAIVER General Rule: NO waiver or alteration by stipulation is allowed Exception: For PUBLIC SAFETY LIABILITY FOR DAMAGES Illegal structures may be demolished and the violator is liable for damages under Art. 2191
Article 2191. Proprietors shall also be responsible for damages caused: (1) By the explosion of machinery which has not been taken care of with due diligence, and the inflammation of explosive substances which have not been kept in a safe and adequate place; (2) By excessive smoke, which may be harmful to persons or property; (3) By the falling of trees situated at or near highways or lanes, if not caused by force majeure; (4) By emanations from tubes, canals, sewers or deposits of infectious matter, constructed without precautions suitable to the place. Art. 679. No trees shall be planted near a tenement or piece of land belonging to another except at the distance authorized by the ordinances or customs of the place, and, in the absence thereof, at a distance of at least two meters from the dividing line of the estates if tall trees are planted and at a distance of at least fifty centimeters if shrubs or small trees are planted. Every landowner shall have the right to demand that trees hereafter planted at a shorter distance from his land or tenement be uprooted.

Nadia De Mesa. Jo An Narag. Jelina Magsuci. Jennilyn Tugelida

The provisions of this article also apply to trees which have grown spontaneously. Rules with Respect to the Planting of Trees As to distances follow ORDINANCES then CUSTOMS If there are neither ordinances nor customs, the following must be followed: TALL TREES 2 meters from boundary line to center of the tree SMALL TREES OR SHRUBS 50 cm. from boundary line to center of tree or shrub (Natural height is the criterion. Purpose: To prevent intrusion into neighboring estates) Remedy for Violation Demand uprooting of the tree or shrub (Art. 679). Art. 679 applies even if the trees have grown spontaneously.
Art. 680. If the branches of any tree should extend over a neighboring estate, tenement, garden or yard, the owner of the latter shall have the right to demand that they be cut off insofar as they may spread over his property, and, if it be the roots of a neighboring tree which should penetrate into the land of another, the latter may cut them off himself within his property.

Rules Regarding Intrusions or Extensions of Branches and Roots Branches- adjacent owner has the right to DEMAND that they be cut off (insofar as they spread over his property) Roots- he may CUT them off himself (because by ACCESSION or INCORPORATION he has acquired ownership over them) Rules Regarding Intrusions or Extensions of Branches and Roots Branches- adjacent owner has the right to DEMAND that they be cut off (insofar as they spread over his property) Roots- he may CUT them off himself (because by ACCESSION or INCORPORATION he has acquired ownership over them) Prescription Right to demand the cutting off of branches Does NOT prescribe if tolerated by the invaded owner If demand is made, prescription runs from the date of said demand Right to cut off the roots Imprescriptible Exception: When a notarial prohibition is made Right of the Owner of the Tree He can cut down the tree himself even though the branches and roots have invaded the invaded land and can cut down the tree himself because he OWNS the tree.
Art. 681. Fruits naturally falling upon adjacent land belonging to the owner of said land.

Rules as to Fruits If the fruits still hang on the tree, they are still owned by the tree owner It is only after they have NATURALLY FALLEN that they belong to owner of the invaded land Nadia De Mesa. Jo An Narag. Jelina Magsuci. Jennilyn Tugelida 2