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Property Law: Possession Essentials

This document summarizes key concepts regarding possession under property law, including: 1. There are three classes of possession - in one's own name, as a holder, and in good or bad faith - which determine issues like liability for theft and ability to acquire property through prescription. 2. Possession must be public, peaceful, uninterrupted, and in the concept of an owner to allow for acquisition by prescription. 3. A possessor's rights regarding fruits, pending fruits, charges, and expenses depend on whether they possessed in good or bad faith. 4. Possession can be lost through abandonment, assignment, destruction of the thing, possession by another for over a year, or recovery by the

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Kitem Kadatuan Jr.
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192 views2 pages

Property Law: Possession Essentials

This document summarizes key concepts regarding possession under property law, including: 1. There are three classes of possession - in one's own name, as a holder, and in good or bad faith - which determine issues like liability for theft and ability to acquire property through prescription. 2. Possession must be public, peaceful, uninterrupted, and in the concept of an owner to allow for acquisition by prescription. 3. A possessor's rights regarding fruits, pending fruits, charges, and expenses depend on whether they possessed in good or bad faith. 4. Possession can be lost through abandonment, assignment, destruction of the thing, possession by another for over a year, or recovery by the

Uploaded by

Kitem Kadatuan Jr.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd

Atty. Miguel Romualdo T.

Sanidad
Law on Property (Finals)
I.

Possession

Question that may be asked:


1. Acquisition by prescription through possession
2. Rights, Obligations and liabilities of possessors in good or bad faith
3. Possession vs Usufruct (Situational, may try to determine)
Important things to remember:
Classes of Possession:
1. In ones own name and in the name of another
Significance: to determine the existence of mere physical possession or
juridical possession and consequently whether the possessor is liable to for
the crime of qualified theft or estafa
2. In the concept of a holder or in the concept of an owner
Significance: to determine whether the possessor would acquire the
property by prescription
Art. 1118. Possession has to be in the concept of an owner, public,
peaceful and uninterrupted.

3. Possession in bad faith or good faith


Significance: to determine the length of prescription that is Ordinary or
Extraordinary
1. Movables: Ordinary 4 years, Extraordinary 8 years
2. Real Property: Ordinary 10 years, Extraordinary 30 years
How possession is lost
1. Abandonment
2. Assignment
3. Total loss or destruction of the thing
4. Possession of another for more than one year but the real right of
possession is not lost until the lapse of then years. Exception: if the
possession of the third person is merely tolerated or executed
clandestinely or with violence

Kitem Duque Kadatuan Jr.

1 | Page

5. Recovery by the true owner

With
Respect to:

Possessor in Good Faith

Possessor in Bad Faith

Fruits
Received

Entitled to fruits

Must reimburse the


legitimate possessor for
fruits received or could
have been received by the
legitimate possessor (but
legitimate possessor must
pay for their production,
gathering and preservation)

Pending
Fruits

Liable with legitimate possessor for


the expense and shall share in the
net harvest in proportion to the
time of their possession

No right

Charges

Liable in proportion to the time of


their possession

Same

Necessary
Expenses

Right of reimbursement with


right of retention

Right of reimbursement

Useful
expenses

Right of reimbursement with


right of retention and limited
right of removal

Kitem Duque Kadatuan Jr.

2 | Page

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