Intro to Law Property Report (5)

8/11/2019 Intro to Law Property Report (5)

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Chapter 1

Property


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I. Property

an economic concept, meaning a

mass of things useful to human

activity and which are necessary tolife, for which reason they may be

organized and distributed in one way

or another, but, always for the goodof the main


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In order that a thing may be considered as

property, it must have:

1. Utilitycapacity to satisfy human wants

2. Individuality or Substantivityan autonomousor separate existence; materials composing a

thing are not thing in themselves.

3. Appropriability or susceptibility to

appropriation


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A. By nature


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b. By incorporation


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c. By destination


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Movables or personal property


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B. Classification by ownership

1. Res Nullius - does not belong and arenot enjoyed by anyone e.g. abandonedproperty and hidden treasure

2. Public Dominionowned by the statebut enjoyed by all its citizens

a. Those intended for public use

b. Those which belong to the State, without being for public use,

and are intended for some public service or for the development ofnational wealth

c. Private Property


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Res nullius


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Public domain


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II. OWNERSHIP

Independent and general right of a personto control a thing particularly in his

possession, enjoyment, disposition, and

recovery.

TITLEthat which constitutes a justcause of exclusive possession or which is

the foundation of ownership of property.


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Kinds of ownership

1. Full ownership - includes all the rights of an owner

2. Naked ownership - ownership where the rights to the useand to the fruits have been denied

3. Sole ownership - ownership is vested in only one person

4. Coownership - ownership is vested in 2 or more persons


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Bundle of Rights included in

Ownership

1. right to use and enjoy the property without

destroying its substance

2. right to use and enjoy by consuming the thing by its

use3. right to receive the fruits

4. right to dispose or the power of the owner to

alienate, encumber, transform and even destroy thething owned

5. right to recover a thing


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Other Specific Rights found in the

Civil Code

1. Right to exclude; self-help; Doctrine of Self-help

2. Right to enclose or fence

3. Right to receive just compensation in case ofexpropriation

4. Right to hidden treasure

5. Right to space and subsoil

6. Right to accession7. Right to recover possession and/or

ownership


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Actions to Recover Ownership and

Possession: REAL PROPERTY

Accion Interdictal- Summary action to recover physical possession, andnot juridical possession nor ownership.

a)Forcible Entry (detentacion)- Action for recovery of material/physical possessionwas deprived thereof by force, intimidation, strategy,threat or stealth

b)Unlawful Detainer (desahuico)

- Possession by a landlord, vendor, vendee or otherperson of any land or building is being unlawfullywithheld after the expiration or termination of the rightto hold possession, by virtue of any contract.


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Accion publiciana

- Plenary action to recover the better right of possessionorplenaria de posesion.

Accion Reivindicatoria

-Action to recover ownership over real property.

Prescriptive period:10 years (ordinary prescription)requires good faith andjust title.

30 years (extraordinary prescription)does not requiregood faith and just title

Requisites:

Identity of the property

Plaintiffs title to the property


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Actions to Recover Ownershipand

Possession: PERSONAL PROPERTY

REPLEVIN- recovery of personal property

REAL RIGHT - autonomous power to derive

directly from an appropriate thing certainwhoever should be the possessor of the

thing.

PERSONAL RIGHT - power to demand ofanother as definite passive subject the

fulfillment of a prestation to give, to do or

not to do.


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QUIETING OF TITLE Title to real property refers to that upon

which ownership is based. Substantially anaction for the purpose of putting an end tovexatious litigation in respect to the property

involved

CLOUD (ON TITLE) - is a semblance of title

which appears in some legal form but whichis in fact unfounded.


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Requisites of Action to Quiet Title

i. Instrument, record, claim, encumbrance orproceeding which is apparently valid oreffective,

ii. Such instrument is in truth and in fact,invalid, ineffective, voidable orunenforceable, or has been extinguished orterminated, or has been barred byextinctive prescription

iii. Such instrument may be prejudicial to saidtitle


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III. Co-Ownership

There is co-ownership whenever theownership of an undivided thing or rightbelongs to different persons.

LACHES has been defined as the failure orneglect, for an unreasonable and unexplainedlength of time, to do that which by exercisingdue diligence could or should have been doneearlier; it is negligence or omission to assert aright within a reasonable time, warranting apresumption that the party entitled to assert iteither has abandoned it or declined to assert it.


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b. Requisites of Co-Ownership

Plurality of subjects

Unity of object

Recognition of ideal share


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Sources of Co-Ownership

Law

Contact

Succession fortuitous event or chance

Occupancy


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RIGHTS OF CO OWNERS


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RIGHTS OF COOWNERS To Use the thing according to the purpose

intended

To Share in the benefits in proportion to hisinterest, provided the charges are borne in thesame proportion.

Each coownermay bring an Action for ejectment.

To Compel other coowners to contribute toexpenses for preservation of the thing

To Oppose to any act of alteration even ifbeneficial to the coowners.

To Protect against acts of majority which areprejudicial to the minority

To Exercise legal redemption.

To ask for Partition


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RIGHT TO PARTITION ( F-A-R-T-S)

Each has Fullownership of his part and of hisshare of the fruits and benefits;

Right toAlienate, dispose or encumber

Right to Renouncepart of his interest toreimburse necessary expenses incurred byanother coowner

Right to enter into Transactionaffecting his

ideal share; Right to Substituteanother person in its

enjoyment, except when personal rights areinvolved.


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What are rights of coowners are not

affected by partition?

1. Rights of:

a. Mortgage;

b. Servitude;

c. any other Real rights existing before partition.

2. Personal rights pertaining to third

persons against the co

ownership


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TERMINATION/EXTINGUISHMENT

Consolidation or merger in one coowner;

Acquisitive prescription in favor of a third

person or a coowner who repudiates;

Loss or destruction of thing coowned;

Sale of thing coowned;

Termination of period agreed upon; Expropriation;

Judicial or extrajudicial Partition.


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V. Possession

the holding of a thing or the enj

oyment of a right


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B. Requisites of possession

Possession in fact or holding or control

of a thing or right;

Deliberate intention to possess

Possession by virtue of onesown right


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C. Degrees of Holding of Possession

Mere holding or possession without titlewhatsoever and in violation of the right ofthe owner

Possession with a juridical title, but notthat of ownership

Possession with a just title or titlesufficient to transfer ownership, but not

from the true owner Possession with a just title from the true

owner


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Vi. USUFRUCT

A right to enjoy the property of

another temporarily with the

obligation of preserving its form and

substance

In essence, usufruct is nothing else but

simply allowing one to enjoy anothers

property


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B. Characteristics of usufruct

It is a real right of use and enjoyment

Of Temporary duration

Transmissible

May be constituted on real or personal

property, consumable or non-

consumable, tangible or intangible, the

ownership of which is vested in another


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Vii. EASEMENT Or SERVITUDE

It is an encumbrance imposed uponan immovable for the benefit ofanother immovable belonging to a different owner;

for the benefit of a community or one ormore persons to whom the encumbered estate does not belong by virtue of which the owner is obliged to abstain from

doing or topermit a certain thing to be done on hisestate.


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B. Characteristics of easement

1. It is a real right but will affect thirdpersons only when duly registered;

2. It is enjoyed over anotherimmovable, never on ones ownproperty

3. It involves two neighboring estates,the dominant to which a rightbelongs and the servient upon

which an obligation rests;4. It is inseparable from the estate to

which it is attached and, therefore,cannot be alienated independently

of the estate (Art 617)


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5. It is indivisible for it is not affected by the divisionof the estate between two or more persons (Art618)

6. It is a right limited by the needs of the dominantowner or estate, without possession;

7. It cannot consist in the doing of an act unless theact is accessory in relation to a real easement;and

8. It is a limitation on the servient owners rights ofownership for the benefit of the dominant owner;and therefore, it is not presumed.


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Extinguishment of easements

Merger of ownership between dominant andservient owner

Annulment of the title to the servitude

Redemption agreed upon

Impossibility to use the easement

Non-user: 10 years

Expiration of the term

Bad conditionwhen either or both the estatesfall into such bad conditions that easement couldnot be used


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Expropriation of the servient estate

Waiver by the dominant owner gather from

positive acts


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Kinds of nuisance

Public Nuisance 1.the doing of or the failure to do something that injuriously affects safety,

health or morals of the public, or

2.work some substantial annoyance, inconvenience, or injury to the public.

Private Nuisance A private nuisance has been defined as one which violates only private rights

and produces damage to but one or a few personas, and cannot be said to be

public


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Public nuisance


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Private nuisance


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Remedies against nuisance

If the nuisance is :

f h hi b d f


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Owner of the thing abated recovery of

damage

If the thing is found by the court not to be an

uisance, the owner can claim damages

A private person or a public extrajudicially

abating a nuisance shall be liable for damages

if he causes unnecessary injury or if the

alleged nuisance is later declared by the

courts to be not real nuisance.

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Intro to Law Property Report (5)

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