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

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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.

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

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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

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.

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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

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
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- 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

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.
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- 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

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:
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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.

* 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.

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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.
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:

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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

OM in GF materials 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
OM in GF materials plus
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 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

BPS/OM in GF was 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,
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 there is a right of
retention (BPS/OM
must be in GF to
exercise this right) and
no need to pay rents.
LO in GF, BPS/OM in BF 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.
LO is in BF, BPS/OM in 1. BPS can:
GF 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
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 (LO cannot compel the
BPS to purchase the
land or to remove what
was BPS.
Both in BF Both are deemed in GF

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.
- 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
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 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 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.
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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.

* 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.)

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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 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.
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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.)

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

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- 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.

* 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.)

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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.

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

prescription.

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* 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 undivided share and not the entire
19
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

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2. Partition

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

forever.

Termination of co-ownership

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

21
water from these natural sources of water (if not
commercial), not small drawings of water.

POSSESSION

Requisites:

1. Modes of possession
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.

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* 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.
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.

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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

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
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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.
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.

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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.)

USUFRUCT

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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

27
11. Pay expenses, costs, liabilities in suits with regard
to usufruct.
(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
28
* At the time of the termination of the usufruct, the
pending fruits belong to the owner while the gathered
fruits belong to the usufructuary.

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

29
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.

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.)

30
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.

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.

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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 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

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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

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
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* 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
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.
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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

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to prevent them from playing therewith is liable to the
latter even if the latter is technically a trespasser.

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

Prohibited Donations
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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.
f. Those disqualified under wills (priest who heard
confession or extended spiritual aid during last illness,
relatives within 4th 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

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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.

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)

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* 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.

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

mode)

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