429 right to exclude

owner or lawful possessor

reasonable force
no delay
actual or threatened physical invasion

430 fence his land

431 owner cannot injure third persons

432 person cannot interfere with the right of ownership of a person as a general
rule except 432, no right to prohibit the interference if there is imminent danger

433 disputable presumption of ownership goes with actual possession, true owner
must resort to judicial process

434 in action to recover property must be identified

- prove both his ownership and identity
description, location of property
Strength of title
- presumption of sufficient title
- action founded on positive rights
evidence to prove ownership
- torrens title
- title from spanish gov
- patent registry of property
- deed of sale
- operating business for 9 years
- not paying rent
- letter recognizing ownership

435 no person can be deprived of property except by competent authority / public

use ++ always
upon payment of just compensation, if this requirement not complied = courts can
restore ownership

power of eminent domain

- done by competent authority
- for public use
- paid just compensation

- due process must be observed

436 if property is taken in interest of health, safety, or security, no just

compensation unless
he can show that seizure is not justified

437 oner of parcel of land is owner of surface and everything under it and he can
construct any works/ plantations subject to laws and ordinances, cannot complain of
the requirements of aerial navigation

438 hidden treasure belongs to owner of land, building or property where it is

found, founder can get 1/2 except trespasser

439 treasure = money, jewelry, or other precious objects