PROPERTY NOTES
by security of the state
While u have all the rights to practice all acts of ownership
over the thing, the state may stop you.
Qualified Ownership
- Bailee has qualified ownership during the bailment.
The Bailor only has qualified ownership and not
absolute over the thing although it really belongs to
him
- A person able to tame a wild animal may have
qualified ownership but may lose such ownership if the
animal is to go out and not return
Owner in Fee
- Highest degree of ownership and possession
- Thing can be used, given, sold, pawned by the owner
- “Restriction, cannot be sold and transferred within 25
years etc.”
o You are not an owner in fee as there is
restrictions
Owner in Fee Tail
- Property will only go to one person, the heir mandated
by law
Patrimonial Property
- Property in which the state can dispose as if the state
acting as a private entity
- Not patrimonial if property is not abandoned and still
being used
- Can be easily claimed by the lender if property is used
Can Land of Public Dominion be subject to mortgage be
pursued by the lender?
- No
An owner who has lost the thing has the right of action against
the holder and possessor of the thing in order to recover (not
registered)
- Granted by law the means to recover
o Generally dependent on the period of
possession enjoyed by the third party not the
owner of the property
- Subject to prescription
o Registered property is not subject to
prescription
Obtained property not by sale but by forcible entry
- 1 year has not yet lapsed
- Rule 70, Forcible Entry and Unlawful Detainer
o Shorter periods in the process
Possession of the property was held greater than 1 year
- Sleeping on your rights
- Acts may show tolerance of the owner of the usage of
the other party of his property
Accion Publiciana
- Act to recover possession
- Not ownership but possession
- The issue is “who has the better right of possession?”
 - Not all owners are entitled to possession Quieting of Title
- Your ownership over a title is assailed, such may be
obtained
Accion Re(vidicatoria? something) - Old Jurisprudence: such action does not prescribe as
- Claim to recover as you are the owner possession is with him. No adverse possession
- If possession is with one who casted the doubt
Remedy of Replevin o There is a prescriptive period
- A possible remedy for an owner who lost his or her
possessory rights Abandon
- Intention on the part of the owner to relinquish his
Accession rights or title over the property
- Accessory follows the principal Derelict – property abandoned
o Land is probably the oldest amongst all things
o Always check who is the principal
 To know who is to be compensated
o With regards to land, the owner of the land will
have the options
 If the person who brought in the
accessory is in good faith, he may be
entitled to reimbursement

Ownership

Co-ownership
- 2 or more owners
- 1 undivided object
- Cannot be prevented from seeking partition