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What are the modes of acquiring ownership?

therefore, not open to acquisition by adverse


possession by private persons.
1. Public Grant is the administrative method of
acquiring public lands, such as homestead settlement,
free patent and sales patent. Art. 457. To the owners of lands adjoining the
banks of rivers belong the accretion which they
gradually receive from the effects of the current of
2. Private Grant is the voluntary transfer or conveyance
the waters. (336)
of privately owned property by an owner, such as by
sale or donation. It is the transfer of title to land by the
owner himself or his duly authorized representative to
another by mutual consent. The Consent of the grantor 8. Prescription is when one acquires ownership and
is an essential element. other real rights through the lapse of time in the
manner and under the conditions laid down by law. It
3. Voluntary Transfer of Private Grant is the process is a mode of acquisition of title through continuous,
by which a land is transferred with the consent and open, adverse possession in the concept of an owner
conformity of the owner such as by sale or donation. for the period fixed by law.(as discussed in this
article )
4. Involuntary Alienation or Involuntary Grant is the
process by which a land is taken against the consent of What is the application of prescription concerning
the owner, such as expropriation proceedings, properties of public dominion and patrimonial
execution of judgment, tax sales and foreclosure. This property?
method of transfer does not require the consent or
cooperation of the owner of the land, since this is 1. Public dominion cannot be acquired by prescription,
usually carried out against his will. even by city or municipality
2. Patrimonial property of the State may be the subject of
5. Descent or Devise (Descent) is acquired by virtue of acquisition through prescription
inheritance, which requires a degree of relationship. 3. Public lands become patrimonial property upon
(Devised) In devise, succession need not be in favor of express government manifestation that the property is
a relative. Title to the property is transferred by way of already patrimonial and declaration that these are
will executed by the Testator. Title by descent may be already alienable and disposable.
acquired by virtue of hereditary succession to the 4. And only when the property has become patrimonial
estate of a deceased owner. To be an heir, it requires can the prescriptive period for the acquisition of
certain degree or relationship with the decedent. In the property of the public domain begin to run.
case of devise, however, succession need not be in
favor of a relative. Even a stranger may acquire title
by devise if appropriate disposition has been made in
his favor by the testator in the latter’s will.
References:
6. Reclamation is the filling of submerged land by
deliberate act of the Government. In the Philippines, Peña, N. (1966). Registration of Land Titles and
there exists no such grant, express or implied, to Deeds. Quezon City: Central Lawbook Publishing
private landowners. It is only the government that can Co., Inc.
assert title to reclaimed land.However,the government
may declare it property of the adjoining owners and as
an increment thereto only when it is no longer Jurado, D. (1999). Civil Law Reviewer. Quezon City:
necessary for public use. Rex Printing Company, Inc.

7. Accretion is the process by which a riparian land The New Civil Code of the Philippines
gradually and imperceptively receives addition made
by the water to which the land is contiguous. However,
this law cannot be invoked for application to cases
where the accretion is caused by action of the bay
which is a part of the sea, since such alluvial formation
along the seashore is part of the public domain and,

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