Chapter I. Definition and Classification of Property
Case 2: BPS builds, plants, or sows on another’s ;and using his own materials
Landowner BPS and Owner of Material
Good faith
Landowner has option to:
a. Acquire the improvement after paying indemnity which may be the original cost of improvement OR increase in value of the whole brought about by the improvement
b. Sell the land to the BP or collect rent from sower UNLESS value of land is more than the thing built, planted or sown or BP shall pay rent fixed by parties or by the court in case of
Good faith
BPS has right to retain (right of retention) the land until the payment of indemnity
NOTE: During this period BPS is not required to pay rent.
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disagreement.
NOTE: Landowner can be forced to choose under pain of direct contempt or court can choose for him.
Good faith
Landowner has right to collect damages in any case and option to:
a. Acquire improvements without paying
indemnity if the improvements are still standing on the land
b. Sell the land to BP or collect rent from the sower unless value of the improvements in which case there will be a forced lease c. Order demolition of improvements or
restoration o0f land to its former condition at the expense of the BPS
Landowner must pay for necessary expenses for preservation
Bad faith
Pay damages to landowner
BPS lose materials without right to indemnity
No right to refuse to buy the land
Recover necessary expenses for preservation of land
Bad faith
Landowner must indemnify BPS for the
improvements and pay damages as if he himself did the BPS
Landowner has no option to sell the land and cannot compel BPS to buy the land unless BPS agrees to
Good faith
BPS has right to :
a. Be indemnified for damages
b. Remove all improvements in any event
Bad faith
Same as though acted in bad faith under Article 453
Bad faith
Same as though acted in bad faith under Article 453 Case 3: BPS builds, plants or sows on another’s land with materials owned by third persons
Landowner BPS Owner of Material
Good faith
Right to acquire improvements and pay indemnity to BPS;
subsdiarily liable to OM
Has option to:
a. Sell land to BP except if the value of the land is
considerably more b. Rent to sower
Good faith
Right of retention until
necessary and useful expenses are paid
Pay value of materials to OM
Good faith
Collect value of material primarily from BPS and subsidiarily liable for landowner if BPS is insolvent
Limited right of removal
Good faith
Right to acquire improvements and pay indemnity to BPS
Has option to:
a. Sell land to BP except if the value of the land is
considerably more b. Rent to sower
Without subsidiarily liability for cost of materials
Good faith
Right of retention until
necessary and useful expenses are paid.
Keep BPS without indemnity to OM and collect damages from him
Bad faith
Lose the material without right to indemnity
Must pay for damages to BPS
Good faith
Landowner has right to collect damages in any case and option to:
a. Acquire improvements w/o paying for indemnity; or b. Demolition or restoration;
or
c. Sell to BP, or to rent to sower
Pay necessary expenses to BPS
Bad faith
Recover necessary expenses for preservation of land from landowner unless landowner sells land
Bad faith
Recover value from BPS (as if both are in good faith)
If BPS acquires improvement, remove materials if feasible w/o injury
No action against landowner but liable to landowner for damages
Bad faith
Same as when all acted in good faith under Article 453
Bad faith
Same as when all acted in good faith under Article 453
Bad faith
Same as when all acted in good faith under Article 453
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Bad faith
Acquire improvement after paying indemnity and damages to BPS unless latter decides to remove
Subsidiarily liable to OM for value of materials
Good faith
May remove improvements
Be indemnified for damages in any event
Good faith
Remove materials if possible w/o injury
Collect value of materials from BPS; subsidiarily from landowner
Bad faith
Acquire improvements after indemnity; subsidiarily liable to OM for value of materials
Has option to:
a. Sell the land to BP except if the value of the land is considerably more b. Rent to sower
Bad faith
Right of retention until necessary expenses are paid
Pay value of materials to OM and pay him damages
Good faith
Collect value of materials primarily from BPS and subsidiarily from landowner
Collect damages from BPS
If BPS acquires improvements, remove materials in any event
Good faith
Acquire imrovement after paying indemnity; subsidiarily liable to OM
Landowner has option to:
a. Sell land to BP except if value of land is
considerably more b. Rent to sower
Bad faith
Right of retention until necessary expenses are paid
Pay value of materials to OM
Pay damages to OM
Good faith
Collect value of materials primarily from BPS and subsidiarily from landowner
Collect damages from BPS
If BPS acquires improvements, absolute right of removal in any event
Bad faith
Acquire improvements and pay indemnity and damages to BPS unless latter decides to remove materials
Good faith
Receive indemnity for damages
Absolute right of removal of improvements in any event
Bad faith
No right to indemnity
Loses right to mnaterial
2. Accession Continua Natural: Land deposits, etc.
a. ALLUVIUM: Soil is gradually deposited on banks adjoining the river
REQUISITES
o Deposit of soil or sediment is gradual and imperceptible o As a result of the action of the
currents of the waters of the river
o Land where the accretion takes place is adhacent to the banks of the rivers
o Deemed to Exist: When the deposit of the sediment has reached a level higher than the highest level of the water during the year
EFFECT
o Land automatically owned by the riparian owner
o BUT does not automatically become registered property
RATIONALE
o To offset the owner’s loss from possible erosion due to the current of the river
o Compensate for the subjection of the land to encumbrances and legal easements
b. AVULSION: A portion of land is segregated from one estate by the forceful current of a river, creek or torrent and transferred to another
REQUISITES
o Segregation and transfer of land is sudden and abrupt
o Caused by the current of the water
o Portion of land transported must be known and identifiable OR
o Can also apply to sudden transfer by other forces of nature such as land transferred from a mountain slope because of an earthquake
RESULT: The ownership of the detached property is retained by the owner subject to removal within 2 years from the detachment
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c. CHANGE OF COURSE OF RIVER
REQUISITES
o Change in the natural course of the waters of the river
o Such change causes the abandonment of the river beds
Natural Bed: ground covered by its waters during ordinary floods o Such change is sudden or
abrupt
RESULTS:
o Owners whose lands are occupied by the new course automatically become owners of the old bed, in proportion to the area they lost
o Owners of the lands adjoining the old bed are given the right to acquire the same by paying the value of the land
Not exceeding the value of the land invaded by the new bed (the old property of the owner) o The new bed opened by the
river on a private estate shall become of public dominion d. FORMATION OF ISLANDS
Belong to the State if:
o Formed on the SEAS within the jurisdiction of the Philippines o Formed on LAKES
o Formed on NAVIGABLE or FLOATABLE RIVERS
Capable of affording a channel or passage for ships and vessels
Must be sufficient not only to float bancas and light boats, but also bigger watercraft
Deep enough to allow unobstructed movements of ships and vessels
TEST: can be used as a highway of commerce, trade and travel
Belong to the Owners of the nearest margins or banks if
o Formed through successive accumulation of alluvial deposits
o On NON-NAVIGABLE and
NON-FLOATABLE RIVERS
If island is in the middle:
divided longitudinally in half.
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