PROPERTY

- those subject to appropriation by man.

Classifications of Property

1. Real/Immovable and Personal/Movable

a. Real Property
1. Immovable by nature (Land)
2. Immovable by incorporation (Buildings, constructions adhered to
the soil, trees, plants and growing fruits, while still attached to the
soil, those that cannot be separated without damage)

* A bahay kubo (nipa hut) if can be easily moved and transported

from one place to another is personal property.

* Incorporation is not always to the soil, it can be to another

immovable.

3. Immovable by destination (ornaments, machines, animal houses,

loading docks, fertilizer actually used)

* Controlling factor: The intention of the owner of the property in

question.

* Machines or equipments become immovable by destination if they

are placed in a building or tenement where work or industry is done,
they are immobilized by intent of the owner. (The owner of the
machines or equipments must also be the owner of the building or
tenement.)
Animal houses – if owner intent to keep it there forever, then the
animal house and the animals become immovable property.

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Loading docks – if intended to remain at a fixed place, real, if it can
be moved around and towed to other vessels, personal.

4. Immovable by analogy (Contract from public works, servitudes

and other real rights over immovable property)

Mortgage on land – immovable if registered in ROP, movable if just

between the parties

Shares of stock for real estate property – personal property.

* IF X and Y enter into a contact that deems the building as a

chattel, it can be treated as such. BUT as to third persons, it is
considered as real property which if publicly sold must comply with
the conditions precedent for the sale of real property, otherwise, it is
VOID. (CM is valid as between X and Y but void as regards third
persons – Associated Insurance vs. Iya)

b. Personal Property

Tests to determine personal property

1. Exclusion test – if not included in the list of immovable property,

then it is personal property.

2. Description test – can be moved from one place to another

without impairment to the real property to which it is attached or
fixed.

3. Considered as movable property by law

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a. Growing fruits and plants – because under Chattel Mortgage Law,
they are movable. Although under the law on property, they are
listed as immovable property.

How to resolve: Only considered as chattels under the Chattel

Mortgage Law, otherwise immovable under Art. 415.

4. Considered as personal property by analogy

Contracts, choses of action (right to sue or be sued), Radio
frequencies, shares of stock of any corporation even if the
corporation owns immovable property.

Classification of personal property

a. Fungible/non-fungible – based on intent of the parties.

Fungible – can be substituted by others of the same kind or quality.

b. Consumable/non-consumable
Consumable – cannot be used in manner appropriate to their nature
without being consumed.

2. Property of public dominion and private ownership

Characteristics of property of public dominion

1. Cannot be appropriated
2. Cannot be SM of contracts (no alienation or encumbrance)
3. Cannot be acquired by prescription
4. Cannot be subjected to attachment or execution
5. Cannot be burdened by voluntary easement

OWNERSHIP

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Rights of the owner

1. Right to enjoy the property

- jus possidendi
- jus fruendi
- jus utendi
- jus abutendi

2. Right to dispose of the property (jus disponendi)

- sell, encumber, dispose, etc.

3. Right of action to recover (just vindicandi)

* There is no such thing as ABSOLUTE OWNERSHIP.

Restrictions:

1. Restrictions under the Constitution

- Eminent domain
- Police Power
- National economy/patrimony powers

2. Contractual restrictions

3. Restrictions found in the NCC

- Nuisance
- Right of way
- Art. 431: Use property the way you want it, but not in any manner
injurious to others.
- Art. 432: Doctrine of incomplete privilege – the greater right of
more people can prevail (Ex: Destroying one’s fence to prevent
flooding.)

Means to protect one’s right

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1. Doctrine of self-help (Art. 429) – can use reasonable force to
repel actual or imminent aggression.

Elements:

a. Force employed by owner or lawful possessor

b. Actual or threatened physical invasion
c. Invasion/usurpation is unlawful
d. Force employed is necessary to repel

Hidden Treasure

Rules:

- If the building is owned by you, HD is yours XPN: if it is deemed

to have been part of national treasure.
- If of interest to the science or arts, the State may acquire it at their
just price (divided by 50/50 as well)
- Ownership must not be indicated (Ex: Golden spoon engraved
Imelda Marcos)
- Only manufactured products (Gold in raw state – owned by the
State)

Requisites:

1. Treasure is money, jewelry, precious objects

2. Hidden and unknown
3. Lawful ownership does not appear
4. Discovery is by chance
5. Discoverer is not a trespasser

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Accession

- incident of ownership, not a means of acquiring originally.

Two kinds:

1. Those produced from property (fruits) whether real or personal

(Accession discreta)
- internally generated accession
- natural fruits
- industrial fruits
- civil fruits

Accession discreta

Kinds of fruits:
a. natural – spontaneous products of the soil; products and young of
animals
spontaneous – they just grow, without planting effort or cultivation.
Young of animals – owner of the mother gets the young.

b. industrial – product of the land through cultivation or labor

c. civil – income from use of property (ex: lease, rent of buildings)

These are synthetic because it is based on income of property)

Difference between planting and sowing

Planting – produces something relatively long-term or permanent,

like trees.
Sowing – a one-crop harvest like rice, corn, etc.

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* The rules that apply to planting differ from rules applicable to
sowing. (Someone who plants something in another’s property,
there is a situation where you can compel the person to buy your
property whereas there is never a situation where a sower can be
compelled to buy the property (only require him to pay rents)

Difference between Art. 443 and Art 449

If fruits have not yet been harvested, apply Art. 443, if already
harvested apply Art. 449.

Art. 443 – He who receives the fruits has the obligation to pay the
expenses made by a third person in their production, gathering, and
preservation.

Art. 449 – He who builds, plants, sows in BF on the land of another

LOSES what is built, planted or sown without right of indemnity.

If BPS is in GF he gets compensated for what was built, planted or

sown regardless of whether the fruits have been harvested or not.

2. Those attached or incorporated into one’s property and cannot be

separated without damage (Accession continua)

Accession continua

General Rules:

1. Owner receives the extension/increase.

2. Accessory follows the principal.
3. The things must be so united that they cannot be separated
without injuring or destroying the property.

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4. Punitive liability attaches to the party in BF, party in GF is not
punished.

Accession continua – those external in character, forming one

single object. Apply the “accessory follows the principal” rule.

Accessions for immovable property:

1. Accession industrial – BPS rules (involves industry)

Building – constructions, improvements using unnatural materials.

* The joining together must have some degree of permanence.

LO/BPS/OM Scenarios

1. Ideal scenario – LO/BPS/OM is just one person – Accessory

follows the principal.

2. LO and BPS is the same person; OM is second person

- LO is in GF when he does not know the materials do not belong to
him.
- OM is in GF when he does not know someone else is using it, or
he thinks he materials used by the LO/BPS belongs to the latter.

LO/BPS in GF The LO can acquire materials

OM in GF by paying indemnity to the
OM. (Cost of the materials at
the time of payment.
LO/BPS in GF OM losses everything.
OM in BF LO/BPS can acquire the
materials without need for
payment.
LO/BPS in BF OM can remove the materials

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OM in GF plus damages
If OM does not want to
remove the materials, the LO
has to pay the OM cost of
materials + damages
Both in BF Both are deemed in GF

3. LO is one person, BPS/OM is another person

- LO is in GF if he is not aware that someone has BPS in his

property.
- BPS is in GF if he does not know he is not the owner of the land.
(Most cases involves only portions of property and boundary
disputes)

LO in GF 1. LO can acquire what was

BPS/OM in GF BPS but pay indemnity.
2. LO can compel the
BPS/OM to purchase the
land when the value of the
land is NOT
CONSIDERABLY higher
that what is planted or built.
3. Alternative – can ask for
rentals instead

4. BPS/OM can receive

indemnity. If there has been
no indemnity, there is a right
of retention (BPS/OM must
be in GF to exercise this
right) and no need to pay

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LO in GF, BPS/OM in BF
LO is in BF, BPS/OM in GF
Both in BF
3. Three persons LO, BPS, OM
- LO is in GF if he did not know that someone BPS in his land.
- BPS is in GF if he thought he owned the land.
rents.
1. BPS/OM cannot remove
what was BPS.
2. LO can acquire what was
BPS and must pay indemnity
ONLY for NECESSARY
improvements
3. LO can always compel the
BPS/OM to purchase the
land, regardless of valuation,
otherwise LO may sue. (For
a sower, cannot be compelled
to purchase land but only
payment of rent(GF),
rent+damages(BF)
4. LO can demolish/remove
what was BPS.
1. BPS can:
a. Ask for removal
b. If he does not want to
remove, LO has the ff
choices:
- LO must acquire it with
indemnity plus damages
(LO cannot compel the BPS
to purchase the land or to
remove what was BPS.
Both are deemed in GF
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- OM in GF if he did not know someone used his materials.

GR: The claims are: OM against the BPS and the BPS against the
LO

All in GF Primary option belongs to the

LO
a. He can acquire was has
been BPS with payment of
indemnity including
materials.
b. LO can sell the land as
long as not considerably
more valuable than what has
been BPS including
materials.

If LO chooses first option,

principal remedy of OM is
against the BPS, since he
took your materials.
Subsidiary remedy against
the LO if BPS is insolvent.
(material rent lien) because
in this case the LO received
what was BPS.

If LO chooses second option,

OM can choose to remove
the thing if there is no
damaged suffered. If there is
damaged suffered, remedy is
against the BPS. No

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 subsidiary remedy against
the LO.
All in BF All are deemed in GF

Remedy of the LO in GF if he chooses to compel the BPS in GF

to buy the land and the latter fails to pay

1. Leave things as they are and assume lessor-lessee relation

2. LO entitled to have improvement removed when the BPS in GF
fails to pay.
3. Sale of land and improvement in public auction, applying
proceeds to payment of value of land first to LO in GF and the
excess delivered to BPS in GF.

2. Accession natural – brought about by forces of nature, no

industry involved. (Alluvium, avulsion, change in river course,
formation of islands.)

Alluvium – it is gradual deposit

4 Things to Remember:

1. Gradual deposit of soil.

2. Must deposit in banks of rivers ( not applicable to seas since there
are of public property)
3. Deposit must be done on basis of NATURAL CURRENT of the
river and not man-made.
4. Right of ownership belongs to the REPARIAN OWNER.

* The gradual deposit automatically belongs to the riparian owner

by provision of the law.

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* Must be subjected to the Torrens system otherwise, it may be lost
through acquisitive prescription.

Alluvion – the deposit of soil.

Avulsion – abrupt transfer of a perceptible piece of land caused by

the current of the river but involving a VIOLENT AND SUDDEN
action of the water.

Prescription: 2 years to remove. (For uprooted trees (considered as

logs, 6 months.)

Change of river course – anything beneath the river is PUBLIC

PROPERTY. By default, if a river bed dries up, it becomes public
land.

Example of change of river course:

A river goes through A’s property but it changes course to B’s and
C’s properties.

B and C, the ones who lost their properties owns the new dry land
due to the change of course, in proportion to the land lost by B and
C.

A can choose to acquire the new dry land and pay B and C what is
due, in proper proportion.

* The government may choose to redirect the water.

NB: Under the Water Code, the owners of the affected lands may
undertake to return the river/stream to its old bed at their own

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expense. But they have to secure a permit from the DPWH and they
must commence works within 2 years from the change in course.

Formation of Islands – this happens when the water goes to a

lower level.

Rules:

- If in the seas or navigable rivers, they become part of public

property.
- If not in seas or navigable rivers, then the island belongs to the
nearest riparian owner near the island.

Accession in movable properties

1. Adjunction – two objects in the form of one single object.

(cannot distinguish one from the other and the two objects belong to
different owners.

* If can be separated, separate but if it cannot be separated without

damage, the accessory follows the principal.

Ex: Table and varnish

Tests to determine the accessory and the principal

1. Know what property is attached to what.

2. What is more valuable (if No. 1 is impossible)
3. Based on volume. (if No. 2 is impossible or if the two objects are
of equal value.)

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XPN: Diamond ring – Band is the principal and diamond is the
accessory, notwithstanding relative values. (If the accessory
(diamond) is worth much more than the principal, owner of the
accessory can ask for separation, but he has to pay for the value of
the principal since there would be damage caused.

Work of art – the work of art or intellect is the principal, the canvass
or medium is the accessory

- If owner of accessory is in BF he loses the accessory without

remuneration and is liable for damages.
- If the owner of the principal is in BF, the owner of the accessory
has 2 choices:
1. Demand return of the accessory whether there is damage or not
2. Demand value of the accessory plus damages

2. Mixture – two properties must have lost their respective identities

and cannot be determined which is which.

Ex: Two piles of rice get mixed together. It cannot be anymore

determined who owns which grain.

2 Types of Mixture

1. Commixtion – if solids are mixed

2. Confusion – if liquids are mixed

* IF mixture is with will of each owners, co-ownership on the basis

of agreement. If there is no agreement, determined by proportion of
contribution.

* IF mixture is not by the will of the parties but by chance, pro rata
sharing by both.

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* IF only one owner was the cause of the mixture, determine if in
GF or BF (If in GF, apply rules on co-ownership by chance, if in
BF, he loses whatever is his share in the mixture, and he can be
required to pay damages.)

3. Specification – there is a thing, and it turned into a finished

product through the labor of another. (Labor of one (principal +
material of another (accessory))

Rule: determine whether the worker is in GF or BF

- If in GF, he can appropriate the thing but indemnify the other for
the cost of the materials.
- If in BF, the OM can simply get his materials and charge the
worker with damages. XPN: Work of art or scientific work – the
worker can appropriate the whole thing. In BF – pay damages +
value of materials, In GF no damages.

QUIETING OF TITLE

Requisites:

1. Plaintiff has legal or equitable right, or interest in the real

property.
2. There is cloud on such title.
3. Cloud is due to some instrument, record, claim, encumbrance or
proceeding which is APPARENTLY VALID or EFFECTIVE BUT
IS ACTUALLY INVALID, INEFFECTIVE, VOIDABLE,
UNENFORCEABLE and PREJUDICIAL TO plaintiff’s title.
4. Plaintiff must return to defendant all benefits he received from
latter or reimburse defendant for expenses that benefited plaintiff.

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Prescription: If one is in possession of the property, no prescription.

* The action must be filed against an instrument, record, claim,

encumbrance, proceeding and not against a physical intruder.

Tax declaration is not a conclusive evidence of ownership but only

an indicia of possession in the concept of an owner. (Not considered
as title per se.)

CO-OWNERSHIP

Elements of co-ownership

1. Two or more owners

2. Unity of object
3. Recognition that there is co-ownership.

As distinguished from partnership

- Co-ownership cannot be registered as having a separate juridical

personality.

- co-ownership can be created by various ways (by law – party

walls, by succession- co-heirs before actual partition, by agreement
of the parties, by chance – mixture by chance, by occupation –
getting a wild pig together) while partnership must be based on
agreement since it is based on fiduciary relationship, trust and
confidence.

* A co-owner has borderless rights. One can use the entire thing.
(Right of possession over the whole thing) (Can sell only his

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undivided share and not the entire property unless with consent from
all other co-owners.)

* Property must be used for the purpose it is intended for.

Rules:

1. for acts of alteration – unanimous consent.

Ex: Change the purpose of the thing, sale, mortgage, or any other act
tantamount to alteration.

2. on lease – (If recorded in the ROP or more than one year – act of
ownership therefore requires unanimous consent, if neither, act of
administration and requires only majority)

3. preservation – may be at the will of ANY ONE of the co-

owners; but the co-owners must be notified fist as far as practicable.

4. administration – only with ocncurrence of majority of the co-

owners.

Failure to comply, the act is not authorized and the other co-owners
can require the co-owner at fault to undo what has been done or to
destroy what was built and restore in its original condition.

Remedy of a co-owner who wants to get out of the co-ownership

1. Sell undivided share

2. Partition

5. party walls – cannot be partitioned. It will continue forever.

Termination of co-ownership

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1. Consolidation of ownership in one co-owner
2. Destruction of the thing
3. Prescription in favor of a third person or a co-owner.
4. Partition

CONDOMINIUM ACT

An aspect of co-ownership in the Condominium Act (Art. 490 which

is the predecessor of the Condo Act)

- Building with several stories, and with different owners has

common areas too like (you only share on the expenses of the stairs
that you actually use. (Ground floor owners spends nothing on
stairs. With regard to separate and independent units, owner gets a
Condominium Certificate of Title)

WATER CODE

Waters are owned by the State (waters in their natural state and not
commodity water)

Right to appropriate water – based on beneficial use. One has to ask

for a water permit before one can draw water from these natural
sources of water (if not commercial), not small drawings of water.

POSSESSION

Requisites:

1. Modes of possession

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2. Intention to possess
3. Own rights

How to determine GF and BF

GF:
1. Possessor acquired thing through title or mode of acquisition.
2. There is a flaw or defect in the title or mode
3. He is not aware of it.

BF:
1. Same as 1 and 2
2. He is aware of it.

Modes of Possession

1. Actual possession
2. Symbolic delivery
Ex: Giving someone a car key (symbolic possession of the thing the
key pertains to – car)
3. Constructive delivery – on the basis of legal formalities.

* An agent’s possession could never ripen into ownership unless

ratified by the principal.

* Possession acquired through violence can never ripen into

ownership.

Kinds of possession

1. Possession with no title – has no legal right at all.

Ex:
a. Squatters or informal settlers.

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b. Your phone was stolen by a thief. You took efforts to get it back
then you gave up – The thief will not gain legal possession of the
property and the property becomes res nullius because it has been
abandoned. Thus the mode of acquiring ownership is occupation.
(This cannot ripen into ownership through acquisitive prescription
because he is not considered to be in legal possession of a property,
because the law does not consider him as such.

2. Possession with juridical title (jus possessioni) – recognition of

ownership belonging to another person but possession of which has
been turned over to another.
Ex: Lessee

Generally, cannot ripen into ownership. XPN: Repudiation of

juridical title – may lead to acquisition of the property.

3. Possession with a just title (titulo Colorado) – possession

acquired through just title but there is a flaw in the title
Ex: Transferor has no right to transfer.

Basis of just title: There is a mode of acquisition.

Ex: Tradition (through sale), donation, succession.

* Can ripen into full ownership through acquisitive prescription.

4, Possession with just title and there is no flaw (jus possenendi)

– possession in the concept of an owner. Just like in no. 3, but in this
case, he really is the owner.

Rules in case of conflict between 2 persons regarding possession

of a certain property

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1. Present possessor prevails
2. If both are present, longer possession
3. If same length, one with a title
4. If all are equal, place the thing in judicial deposit pending
determination by the court

Acquisitive prescription – the principle of tacking of possession is

applicable. (Those that came and possessed the property before the
person claiming possession.) The period of possession will be added
up together to figure out how many years are left before acquisitive
prescription takes place. BF: 30 years, GF: 10 years

Actions in case of deprivation of possession of immovable

property

1. FE/UD – within 1 year from cause of action

2. Accion Publiciana – within 10 years after possession was lost.
(plenary action to recover possession of property.)

3. Accion reivindicatoria – within 10 or 30 years, as the case may

be. (Action to recover possession based on ownership of property.)

Rights of a dispossessed possessor

1. right over the furits.

2. right to be indemnified for expenses from the new possessor

Special Rules re: Movables

1. Period of prescription re: acquisitive prescription is shorter.

2. Legal interruption for possession of movables through a Replevin
suit.

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3. Natural interruption – still possessing the same until the thing is
abandoned. (misplaced, unlawfully deprived)
4. Rule on recovery of movables:
a. Possessor in BF – the owner can recover it from him without any
obligation whatsoever.
b. Possessor in GF – the owner cannot recover it because possession
in GF is equivalent to title. XPNS:
1. True owner lost the movable.
2. True owner unlawfully deprived thereof.
XPN to the XPNS: When the present possessor acquired the
movable in GF in a PUBLIC SALE. Remedy: Reimburse the
possessor for the price paid for it.
When an owner unlawfully deprived of his property cannot
anymore recover possession

1. Prescription
2. Possessor acquired thing from a person whose authority the owner
is estopped from denying.
3. Possessor acquired the thing from a merchant’s store, fairs,
markets, etc.
4. Thing is a negotiable instrument and possessor is purchaser in GF
and for value.
5. Possessor is owner of thing in accordance with finders-keepers
principle. (Art. 719)

Finders-keepers principle – Where one finds a lost item, he must

turn it over to the mayor, after publication for 2 weeks of
announcement of finding and lapse of 6 months thereafter and
nobody claims ownership, the finder becomes the owner. (If the real
owner claims the thing, the finder gets a reward 1/10 of the value of
the thing.)

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USUFRUCT

Nature of usufruct – a person is given the right to use the property

owned by another. (Real right)

Nature of possession – possession with juridical title.

Most important aspect of usufruct – The right of possession over

the property held in usufruct is NOT a matter of legal necessity.
What will make it usufruct, where you are entitled to, is the right to
receive fruits.

Rights and obligation of the usufructuary

1. Absolute right over fruits of the property.

2. Preservation of substance and form of thing: only if you have
been granted possession of property, if not, you only really get the
fruits.
* Owner can control how usufruct uses the fruits.
3. Can appropriate the fruits. XPNS: 1. Can appropriate the thing
(Abnormal usufruct), 2. Can alter the form of the thing leading to a
slightly deteriorated form (Quasi-usufruct)
4. Make an inventory of the property.
5. Give necessary security.
(during the usufruct)
6. Take care of the property as a GFF
7. Make ordinary repairs
8. Inform owner for extraordinary repairs
9. Pay annual charges, taxes and liens over fruits
(Taxes over the property – owner is liable)
10. Notify owner of any act of a third person that may be prejudicial
to right of ownership
11. Pay expenses, costs, liabilities in suits with regard to usufruct.

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(upon termination of usufruct)
12. Deliver the thing to the owner.
13. Right to retention for taxes over property and extraordinary
expenses which must be reimbursed.
14. Right to reimburse necessary expenses.

Abnormal usufruct – for consumable things, when returned, there

is some or all of it consumed. Instead, you pay the property value
based on appraisal.

Quasi-usufruct – for properties that easily deteriorates. Ex: Cars.

You cannot return the thing in the same form and substance. Instead,
you return the object itself. As long as it’s normal wear and tear, you
have no other obligation to the owner.

What can be the subject of usufruct – movable or immovable

things, even rights except personal rights.

Modes of extinguishing a usufruct

1. Death of the usufructuary, unless contrary intent appears.

2. Expiration of period or fulfillment of resolutory condition.
3. Merger of usufruct and ownership in one person.
4. Renunciation of usufruct.
5. Total loss of the thing.
6. Termination of the right of the person constituting usufruct.
7. Prescription

* At the time of the termination of the usufruct, the pending fruits

belong to the owner while the gathered fruits belong to the
usufructuary.

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EASEMENTS – it is an encumbrance over an immovable property,
for the benefit of another immovable property belonging to someone
else – (real easement) or for the benefit of a person or community –
(personal easement)

* Dominant state is the one benefited.

Nature of easement – a real right which attaches to a specific
property until the right is extinguished. (Applies only to real
properties – only to land, building and tenements and not other kinds
of immovables)

Classifications of easement

1. Positive and negative easement – determines rights.

Positive – the servient estate is either obliged to allow someone to

do something on his property, or to do it himself. Ex: Right of way –
SE is required to let other people pass through his property. Tree
with branch hanging over property of neighbor – required to cut.

Negative - the servient estate is prohibited from doing something on

his property which he could otherwise do. Ex: Easement of light and
view – cannot block neighbor’s view

2. Continuous and discontinuous – determines how to acquire

(Prescription applies only to apparent continuous easement XPN:
Easement of acqueducts by express provision of the Water Code)

Continuous – constant, no need for intervention of man.

Discontinuous – only used in intervals and with intervention of

man.

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3. Apparent and non-apparent

Apparent – made known and with external signs

Non-apparent – no external signs

How to acquire easement

1. Title – juridical act. There is amode of acquiring ownership

(Donation, succession, etc.)

2. Prescription – 10 years of use of SE. (Only covers

apparent/continuous easement.
(Easement of right of way CAN NEVER BE acquired by
prescription being an apparent but discontinuous kind of easement.)

Rights of a Dominant Estate – to make all works necessary for the

use and preservation of the servitude.

Obligations of the Dominant Estate

1. Not to alter the easement (only for the benefit of the movable
originally contemplated)

2. Not to make the easement more burdensome.

Rights of the Servient Estate

1. to register the easement, even without permission from the

dominant estate.
2. retains ownership of the portion where the easement is established
and may use it in a manner not affecting exercise of the easement.

27
Obligations of the Servient Estate

1. Cannot impair in any manner the easement.

2. But if the easement becomes very inconvenient to the owner of
the servient estate, or prevents him to make important works,
repairs, improvements thereon, it may be changed at his expense.

Termination of easement

1. Merger in the same person of ownership of both dominant and

servient estate.

2. Non-use for 10 years

- for discontinuous easements, count from last use.
- for continuous easements, count from contrary act.

3. When either or both of the states fall into condition that easement
cannot be used. (But it shall revive if the condition of either or both
should again permit its use.

4. Expiration of term or fulfillment of condition.

5. Renunciation of owner of dominant estate.
6. Redemption agreed upon both owners.

Legal easement (not an exclusive list)

1. Easements relating to waters

a. Legal easement of drainage of water – lower estates are obliged
to receive waters which naturally and without intervention of man
descent from higher estates, as well as the stones/earth carried along.
(The lower estates cannot construct works that will impede the flow

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and the higher estates cannot construct works that will increase the
burden.)
b. Legal easement of aqueduct – any person who may wish to use
upon his own estate any water which he can dispose has the right to
make it flow through intervening estates provided he indemnifies the
owners thereof and the owners of the estates where the waters may
filter or descend. (Continuous and apparent easement)

2. Right of way

Requisites:

1. Dominant estate surrounded by other immovables and thee is no

adequate outlet to a public highway (There must be no outlet not
merely inconvenient)
2. Payment of proper indemnity
3. Isolation not due to acts of dominant estate
4. Right of way claimed is at the point least prejudicial to the
servient estate.
4. Shortest distance to public highway

GR: DE must pay indemnity to get road right of way. XPN:

Isolation on account of sale/transfer or donation.

3. Party walls – rules on co-ownership can apply. The party wall

itself is the SE and the estates are the dominant.

* You cannot a window on a party wall. (Although if the other party

will not object, you can acquire it after 10 years by prescription.

4. Light and view

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How to count prescription for acquisition of easement of light
and view
1. From the opening of a window, if through a party wall
2. From time of formal prohibition upon the adjoining estate if
window is through a wall of the dominant estate
* Through a notarial instrument

Implication if there is failure to follow minimum distances –

cannot acquire by prescription

2 meters from other lot if direct view

60 cm from oblique view

5. Drainage of buildings – when rainwater cannot be collected in

the required areas hereinafter provided, it can be made to pass
through contiguous lands or tenements where egress may be easiest
and it causes least damage to the servient estate.

Roofs must be constructed in a way that the rainwater falls on his

own lad or street/public place and not on the land of his neighbor.

6. Trees extending over another’s property

Right of the adjacent owner – Demand that the branches extending

over his property be cut off by the owner of the tree. (Cannot cut it
by himself only the roots)

NUISANCE – any act, omission, establishment, business, condition

of property, or anything which:

1. Injures or endangers health/safety of others

2. Annoys or offends the senses

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3. Shocks, defies or disregards decency or morality
4. Obstructs or interferes with free passage of any public highway or
street, or body of water.
5. Hinders or impairs the use of property.

Classification of nuisance

1. Nuisance per se – always a nuisance

2. Nuisance per accidens – nuisance by circumstance
3. Public nuisance – affects a considerable number of persons, even
if the extent may be differend
- criminal prosecution
- civil action
- extrajudicial abatement
4. Private nuisance – only a person or small number of person
- civil action
- extrajudicial abatement

Requisites for summary abatement of nuisance by a private

person

1. Specially injurious to him

2. Demand must first be made to owner/possessor, but was rejected
3. Abatement approved by district health officer and executed with
assistance of local police.
4. No breach of the peace or unnecessary injury is done.
5. Value of destruction not exceeding P3,000.00
Doctrine of attractive nuisance – a person who maintains in his
premises a dangerous instrumentality of any character which is
attractive to children of tender years at play and fails to exercise due
diligence to prevent them from playing therewith is liable to the
latter even if the latter is technically a trespasser.

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Example: Swimming pool with added artificial condition or feature
that will add another danger to children.

MODES OF ACQUIRING OWNERSHIP

1. Occupation – seizing of the property physically which is not

owned by anyone or because there is a previous owner that has
abandoned it. (What is occupied is the corporeal things because one
can never occupy a land as is it never without an owner. (The State
owns it by default. XPN: Previously owned and abandoned – will
not be reverted back to the State)
- If intangible – acquired by intellectual creation or by tradition.

Occupation of animals
1. wild animal – person becomes owner upon capture.
2. domesticated animals – after 20 days, unless claim has been
made. (occupation applies only to those which have been
abandoned.)

2. Law -
3. Donation

Requisites:
1. Decrease or reduction in the patrimony of the donor.
2. Increase of patrimony of the donee.
3. Anumus donandi or intent to make a donation.

Classes of Donation

1. Donation inter vivos

a. Simple – pure liberality

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b. Remunerative – on account of services rendered by the donee,
but not a demandable debt.
c. Conditional – imposes a charge or burden on the donee less than
the thing given.
d. Onerous – given in consideration of demandable debt. (Actually
governed by rules on contract)

2. Donation mortis causa – governed by the rules on wills

Donation inter vivos vs. Donation mortis causa

Inter Vivos Mortis Causa

Takes effect independently Takes effect upon death of
of donor’s death donor.
Title or ownership conveyed Title of ownership conveyed
before the death of only upon death of the
transferor. transferor.
Valid if transferor survives Void if transferor survives
transferee. the transferee.
Comply with the formalities Comply with formalities of
of donation. wills.

Prohibited Donations
1. By reason of relationship
a. Between husband and wife XPN: moderate gifts in family
rejoicing or distress.
b. And those with amorous relationships, living together as husband
and wife
2. By reason of public policy
c. Parties guilty of adultery/concubinage at the time the donation is
made.
d. Guilty of committing the same crime and in consideration thereof.
e. Made to public officers, spouses, etc. by reason of his office.

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f. Those disqualified under wills (priest who heard confession or
extended spiritual aid during last illness, relatives within 4 th degree
of the priest, his church/sect, ward to guardian before final
accounting, physician during last illness)
g. Made by individuals, associations, corporations not permitted by
law to do so.

Limitations on donations:

1. Donor must reserve sufficient means to support himself and all

relatives, who at the time of the acceptance of the donation are
entitled to support (Reduction upon petition of such persons)
2. Donations cannot comprehend future properties.
3. No more than he may give or receive by will (Reduce what is
inofficious)

GR: Donations are irrevocable.

XPNS: Revocation of Donation inter vivos

1. Supervening BAR (Birth, Adoption, Reappearance) – for those

with no descendants. (Not revocation of the donation but it is only
reduction to the extent that it is inofficious as it would impair the
legitime of those subject of BAR.

* Prescriptive period – 4 years from BAR

* Cannot be renounced
* Transmissible to LCs ICs or descendants upon death of donor.
2. Non-fulfillment of condition – this is a modal issue. (Donor has
discretion)

* Prescriptive period – 4 years from non-compliance.

* Transmissible to heirs.

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3. Acts of ingratitude
a. The donee commits an offense against person or property of
donor, spouse, children under parental authority.
b. Imputation of a crime involving moral turpitude.
c. When donee unduly refuses to support the donor when there is a
legal or moral obligation to do so.

* Prescriptive period – 1 year from knowledge of the donor.

* Purely personal therefore intransmissible to one’s heirs.
4. Inofficious donations – action arises when the donor dies. (Unlike
supervening BAR which can be filed while the donor is alive)

* Only compulsory heirs and heirs/successors in interest may bring

action.
* Prescriptive period – 4 years counting from the death of the donor.

4. Tradition (sale falls in this mode)

5. Intellectual Creation
6. Prescription
Acquisitive prescription – possession + just title (acquired through
mode of acquiring ownership) + 30 years
* Valid only if acquired through res nullius, in this case, it is really
occupation.

7. Succession – to be discussed thoroughly.

Original mode – not dependent on former owner.

Derivative Mode – dependent on former owner or title of another

person.

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(1, 3, and 6 are original mode, the rest are derivative mode)

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