Professional Documents
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Property August 30 Meeting (Art 457 To 484)
Property August 30 Meeting (Art 457 To 484)
Property
August 30 meeting
Art. 457. To the owners of lands
adjoining the banks of rivers belong
the accretion which they gradually
receive from the effects of the
current of the waters.
Forms of Accession Natural
1. alluvium. (Art. 457.
2. avulsion. (Art. 459)
3. change of course of rivers. (Arts.
461-462)
4. formation of islands. (Arts. 464465)
Alluvium Defined
the soil deposited or added to
(accretion) the lands adjoining the
banks of rivers, and gradually
received as an effect of the current
of the waters.
By law, the accretion is owned by
the owner of the estate fronting the
river bank (riparian aowner)
If a river bed gradually changes,
the rules on alluvium can also
apply
Although often used synonymously
in connection with Art. 457, there
are technical differences between
alluvium and accretion:
It is not necessary:
1) that the riparian owner should
make an express act of possession,
the accession being automatically
his the moment the soil deposit can
be seen
2) that the riparian owner has
completely paid for the value of the
riparian
estate
(in
case
of
purchase),as long as he has
already the equitable or beneficial
title
Alluvium
Accretion
the
soil
the process
deposited on
whereby the
the
estate
soil
is
fronting the
deposited
a
broader
river bank
applies only
term, applies
to the soil
to
creeks,
deposited on
streams,
river banks
rivers, lakes
*the owner of such estate is the riparian
owner.
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3. That the land where accretion
takes place is adjacent to the bank
of a river
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and
Not Applicable
When the estate
adjoins:
a) A lake;
b) A river;
c) A creek
d) Other
streams
Definitions
Pond
Lagoon
a small lake, ordinarily of fresh
water, and not very deep, fed by
floods, the hollow bed of which is
bounded by the elevations of the
land
Lake
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August 30 meeting
provided that he removes the same
within two years.
Avulsion Defined
This Article treats of avulsion
the process whereby the current of
a river, creek, or torrent segregates
from an estate on its bank a known
portion of land and transfers it to
another estate. (See Art. 459)
the removal of a considerable
quantity
of
earth
upon
or
annexation to the land of another,
suddenly and by the perceptible
action of the water
It is also called the force of the
river, since avulsion implies a
violent tearing or breaking away
may also be referred to as delayed
accession in the sense that if the
owner abandons the soil involved,
or fails to remove the same within
two years, the land to which it has
been attached acquires ownership
thereof
Alluvium
1) the deposit
of the soil
here
is
gradual
2) soil
cannot
be identified
3) belongs
to
owner
of
property to
which it is
attached
Creek
a small stream less than a river
recess or inlet in the shore of a
river, and not a separate or
independent stream, though it is
sometimes used in the latter
meaning
Torrent
a violent, rushing, or turbulent
stream
Avulsion
1) sudden
or
abrupt
process may
be seen
2) identifiable
or verifiable
3) belongs
to
owner from
whose
property
it
was
detached
Queries
Suppose the detached portion is placed on
TOP and not merely alongside or adjacent
to anothers land, will the article apply?
In avulsion, it is essential that the
detached portion be known or
identifiable.
Therefore,
mere
placing on top will not make the
article inapplicable as long as
identification is still possible.
o But if because of some
force, say continuous rain,
the two have so mixed with
each
other
that
identification cannot take
place, the article should not
apply. In this case, the
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Property
August 30 meeting
principles of commixtion or
confusion
(although
generally used only in
connection with personal
property)
should,
it
is
believed, apply.
Suppose the detached portion is not
attached to anothers land but simply is in
the middle of the river, what rule applies?
Ownership still remains with the
person from whose land it had
been detached, as in Art. 463.
Art. 460. Trees uprooted and carried
away by the current of the waters
belong to the owner of the land upon
which they may be cast, if the owners
do not claim them within six months.
If such owners claim them, they shall
pay
the
expenses
incurred
in
gathering them or putting them in a
safe place.
Rule if Trees Have Been Transplanted
In the example given above, even if
the trees have been transplanted
by the owner of the land upon
which they have been cast on his
own land ownership still pertains
to the person who lost the trees
provided that the claim was made
properly
Incidentally, the owner of the land
upon which the trees have been
cast, does not have to wait for six
months before he can temporarily
set them aside to make proper use
of his own land.
Effect if Claim Is Made But Trees Are
Not Removed
If say within 4 months a claim is made, but
no steps are yet taken to recover the
trees, may an action still be filed
afterwards for recovery of the trees?
It is submitted that the answer is
YES, provided the action is brought
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adjoining the old bed shall have the
right to acquire the same by paying
the value thereof, which value shall
not exceed the value of the area
occupied by the new bed.
Change of Course of Rivers
Examples:
Joses and Marias estates face each other
and adjoin a river. Later, the river naturally
changes its course and the river bed is
abandoned. The new river bed happens to
be in the land of Maximo. Who owns the
abandoned river bed?
Maximo
owns
the
ENTIRE
abandoned
river
bed
to
compensate him for the loss of the
land now occupied by the new river
bed.
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Reason for Inserting the Phrase Ipso
Facto
the words ipso facto were inserted
in order to make it clear that the
rule applies by the mere fact of the
occurrence of a natural change in
the course of the waters
abandonment implies an intent
not to return.
If steps are undertaken to restore
the river to its original course,
there is no abandonment.
What ipso facto (automatically)
should mean as used in Art. 461 is
that the prejudiced landowner
automatically becomes the owner
of the abandoned river bed, once
the conditions stated in the article
are fulfilled or manifest, without
the necessity of any action or
exercise of possession on their part
In other words, their mode of
acquisition would be by virtue of
the law
The acquisition would thus be ipso
facto provided there is really an
abandonment
Art. 462. Whenever a river, changing
its course by natural causes, opens a
new bed through a private estate,
this bed shall become of public
dominion.
Rule if New River Bed is on Private
Estate
Even if the new bed is on private
property the bed becomes property
of public dominion, just as the old
bed had been of public dominion
before the abandonment.
The new river banks shall likewise
be of public dominion
Phraseology in the Old Civil Code
Under the old law, the river had to
be navigable or floatable. (Art.
372 of the old Civil Code).
The
words
were
eliminated
because
all
rivers,
whether
Divides
Itself
into
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August 30 meeting
(unidentifiable sediment) referred
to in Arts. 464 and 465.
formation
of
island
by
the
branching off of a
river
no accession
takes place,
the
owner
retaining his
ownership of
the
segregated
portion
formation
of
islands
by
successive
accumulation
of
alluvial deposits
(unidentifiable
sediment)
accession
takes place
The
FIRST
COUNTRY
TO
EFFECTIVELY
OCCUPY the SAME.
This is in accordance with
the principles of Public
International
Law
for
discovery and occupation
considered as a definite
mode of acquiring territory.
b) If formed on lakes, or navigable or
floatable rivers the State.
(This is also patrimonial
property Manresa).
c) If formed on non-navigable or nonfloatable rivers
1. If NEARER in margin to one
bank, owner of nearer margin is
SOLE owner. (Art. 465).
2. If EQUIDISTANT, the island shall
be divided longitudinally in
halves, each bank getting half.
(Art. 465).
Definitions
Navigable or floatable river
if
useful
for
floatage
and
commerce, whether the tides affect
the water or not
should benefit trade and commerce
Non-Navigable
opposite of (a)
Duty of State to Define Navigable and
Non-Navigable Rivers
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State has duty to declare which
rivers are navigable and which are
not
Reason for Preference to Nearer
Margin
The nearer margin has better
chances of developing the island in
the interest of agriculture
a) in good faith; or
b) in bad faith
Another Name for Adjunction
conjunction
Different Kinds of Adjunction
a) inclusion
sapphire set on a ring
b) soldering
joining legs made of lead to
a body also made of lead
1) ferruminatio
objects are of the
same metal
2) plumbatura
objects are of
different metals
c) escritura (or writing)
d) pintura (or painting)
e) weaving
Problem
A in good faith uses the varnish of B in
varnishing his (As) table. What are their
rights?
A will become the owner of the
varnish (in fact, of the whole
varnished table) but he must
indemnify B for the value of the
varnish.
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August 30 meeting
has been united as an ornament, or
for its use or perfection.
Art. 468. If it cannot be
determined by the rule given in the
preceding article which of the two
things incorporated is the principal
one, the thing of the greater value
shall be so considered, and as
between two things of equal value,
that of the greater volume.
In painting and sculpture,
writings, printed matter, engraving
and lithographs, the board, metal,
stone, canvas, paper or parchment
shall be deemed the accessory thing.
Test to Determine Which Is the
Principal and Which Is the Accessory
The principal is (in the order of
preference):
a) that to which the other has been
united as an ornament, or for its
use, or perfection (Art. 467);
The accessory is that which
has been united as an
ornament, etc.
This
is
the
test
of
INTENTION
b) that of greater value (Art. 468);
c) that of greater volume (Art. 468);
d) finally that which has greater
merits
from
the
combined
consideration of utility and
volume
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(Owner of Accessory Is in Bad Faith).
Rule if Accessory is More Precious
than the Principal
In the second paragraph of the
article, separation, although with
injury (but not destruction) is
allowed, if the thing united for the
use, embellishment, or perfection
of the other is much more precious
than the principal
Example: When a valuable diamond (the
accessory
because
it
is
for
embellishment of the ring) is set in good
faith on a silver ring, the owner of the
diamond can ask for separation, even
though there will be injury to the ring.
Expenses for the separation must of
course be borne by the person who
caused the union, considering that both
parties are in good faith
Art. 470. Whenever the owner
of the accessory thing has made the
incorporation in bad faith, he shall
lose the thing incorporated and shall
have the obligation to indemnify the
owner of the principal thing for the
damages he may have suffered.
If the one who has acted in bad
faith is the owner of the principal
thing, the owner of the accessory
thing shall have a right to choose
between the former paying him its
value or that the thing belonging to
him be separated, even though, for
this purpose it be necessary to
destroy the principal thing; and in
both cases, furthermore, there shall
be indemnity for damages.
If either one of the owners has
made the incorporation with the
knowledge and without the objection
of the other, their respective rights
shall be determined as though both
acted in good faith.
Rules in Case of Bad Faith in the
Adjunction
Example of the First Paragraph
for
sentimental
considered
value
must
be
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Rule in Case Mixture Was Caused by
the Negligence of One of the Parties
The party negligent is liable for his
culpa
aquiliana
and
should
indemnify for damages. (Art.
2176).
Good faith does not necessarily
exclude negligence. (Art. 456)
Art. 474. One who in good faith
employs the material of another in
whole or in part in order to make a
thing of a different kind, shall
appropriate
the
thing
thus
transformed as his own, indemnifying
the owner of the material for its
value.
If the material is more precious
than the transformed thing or is of
more value, its owner may, at his
option, appropriate the new thing to
himself, after first paying indemnity
for the value of the work, or demand
indemnity for the material.
If in the making of the thing
bad faith intervened, the owner of
the material shall have the right to
appropriate the work to himself
without paying anything to the
maker, or to demand of the latter that
he indemnify him for the value of the
material and the damages he may
have suffered. However, the owner of
the material cannot appropriate the
work in case the value of the latter,
for artistic or scientific reasons, is
considerably more than that of the
material.
Specification
In general, the rule of accessory
follows the principal applies here,
with LABOR being considered the
principal.
Rules to Follow in Specification
a) If the WORKER (principal) is in
good faith
1. he appropriates the new
thing; but
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Reason: the canvas is
considered the accessory, in
Article 468 on adjunction
c. using clothing materials of another
to make a suit
as a rule,
accessory
follows
principal
the things
joined retain
their nature
MIXTUR
E
involves
at least
two
things
as a rule,
coownershi
p
results
the
things
mixed or
confused
may
either
SPECIFICATIO
N
may involve
only
one thing (may
be
more) but form
is
changed
as a rule,
accessory
follows
principal
the new object
retains
or preserves
the nature of
the
original object
retain or
lose their
respectiv
e natures
Art. 475. In the preceding articles,
sentimental value shall be duly
appreciated.
Consideration of the Sentimental
Value
It is often that a thing for some
sentimental reasons (as a gift on
account of graduation) may be
worth (to its owner) much more
than its actual value
Chapter 3
QUIETING OF TITLE (N)
(All provisions in this Chapter are
new.)
Art. 476. Whenever there is a
cloud on title to real property or any
interest therein, by reason of any
instrument,
record,
claim,
encumbrance or proceeding which is
apparently valid or effective but is in
truth and in fact invalid, ineffective,
voidable, or unenforceable, and may
be prejudicial to said title, an action
may be brought to remove such cloud
or to quiet the title.
An action may also be brought
to prevent a cloud from being cast
upon title to real property or any
interest therein.
Kinds of Action Referred To
1. Remedial
o action to remove the cloud
or to quiet title
o Art. 476, par. 1
2. Preventive
o action to prevent a future
cloud or doubt actio quia
timet
Existence of the Cloud
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The cloud (or doubt) on title exists
because:
of an instrument (deed, or
contract) or record or claim or
encumbrance or proceeding.
which is APPARENTLY valid or
effective
BUT is, in truth and in fact, invalid,
ineffective,
voidable,
or
unenforceable, or extinguished (or
terminated) or barred by extinctive
prescription. (Arts.476-478).
AND may be prejudicial to the title.
(Art. 476).
Example:
Os land was sold by F (a forger) to
B (a buyer in good faith). Os name had
been forged by F on the deed of sale. The
sale, on its face, is apparently valid, with
Os name indicated as the seller. In truth,
however, the sale is defective because of
the forgery. Os remedy is an action to
quiet title.
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1) An agent, with the written authority
of his principal to sell the latters
property, sold the same AFTER the
death of the principal but
antedated the contract of sale.
2) If the contract is forged
3) A contract by an incapacitated
person
4) A mortgage valid on its face and
will cause prejudice although in
reality invalid
Requisite Needed to Bring an Action
to Prevent a Cloud (Action or Bill
QUIA TIMET).
it must be made clear that there is
a fixed determination on the part of
the defendant to create a cloud,
and it is not sufficient that the
danger is merely speculative
Example: If the sheriff
threatens to attach property
which is exempted from
attachment, an action to
prevent a cloud on title will
prosper
Does the Action to Quiet Title
Prescribe?
It depends:
A. If the plaintiff is in possession of
the property, the action DOES NOT
PRESCRIBE
Reason: While the owner continues
to be liable to an action,
proceeding, or suit upon the
adverse claim, he has a continuing
right to be given aid by the court to
ascertain and determine the nature
of such claim and its effect on his
title, or to assert any superior
equity in his favor. He may wait
until his possession is disturbed or
his title is attacked before taking
steps to vindicate his right.
B. If the plaintiff is NOT in possession
of the property, the action MAY
PRESCRIBE.
Action to Remove
a Cloud on Title
The removal
of a possible
foundation
for a future
hostile
Second
paragraph of
Article 476
A preventive
action to
prevent a
future cloud
on title
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August 30 meeting
claim
periods.
Non-necessity of Possession
The plaintiff may be in possession
or not in possession.
If Plaintiff Is
In Possession
period does
not prescribe
only right is
to remove or
prevent
cloud
If Plaintiff Is Out
of Possession
period
prescribes
aside from
being given
the right to
remove or
prevent
cloud, he
may also
bring the
ordinary
actions of
ejectment,
publiciana or
reivindicator
ia within the
proper
prescriptive
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to
Make
Certain
Example:
A bought land thru an agent whose
authority was not in writing. A then
built a fence around the land. In an
action to quiet title, the principal
will win (since under Art. 1874, the
sale is really void) but he must
reimburse A for the expenses for
the fence, since this has redounded
to his (the principals) benefit.
Any expenses made by A for the
execution or registration of the
contract (in case he paid such
expenses) must be reimbursed
General Rule Based on Equity
In general, it may be said that
whenever the plaintiff is shown to
be legally or morally bound to
restore or reimburse, he must do so
o Reason: he who comes to
equity must do equity and
because
the
precise
purpose of the action is
merely to quiet title and not
to obtain some pecuniary
benefits
Art. 480. The principles of the general
law on the quieting of title are hereby
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This can be done if the court
has jurisdiction, in order to
settle all conflicting claims
3) Injunction may be availed of such
as a prohibition to destroy certain
properties or to gather fruits from
the land in question
Problem
A died intestate, leaving no debts and no
administrator of the estate. During his
lifetime, A executed an invalid mortgage
with B. May the heirs of A bring an action
to cancel the deed of mortgage because it
is void and is a cloud on their title?
Yes. Where one dies in the manner
set forth above, all the heirs of the
decedent may jointly maintain an
action to cancel a deed of their
ancestor, upon the ground that it is
illegal and void, and is a cloud
upon their title
When the Action to Quiet Title Will
Not Prosper
(a) if it is merely an action to settle a
dispute concerning boundaries
(b) if the case merely involves the
proper interpretation and meaning
of a contract or document
(c) if the plaintiff has no title, either
legal or equitable. (Art.477).
(d) if the action has prescribed and the
plaintiff is not in possession of the
property
(e) if the contract, instrument, etc. is
void on its face
For instance, assume that X, armed
with a certain document, seeks to
eject Y. If the document on its face
is so defective that Y does not even
have to present rebuttal evidence,
the document may be said to be
void on its face. In a case like this,
Y, to protect his rights, does not
have to bring an action to quiet
title
(f) if it is a mere claim or assertion
(whether oral or written) unless
such claim has been made in a
court action or the claim asserts
that an instrument or entry in
behalf of the plaintiff is not really
what it appears to be
What the Courts Task Is
In an action for quieting of title, the
court is tasked to determine the
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respective rights of the parties
so that the complaint and those
claiming under him may be forever
free from any danger of hostile
claim.
on
Co-
Characteristics of Co-ownership
(a) There must be more than one
subject or owner.
(b) There is one physical whole divided
into IDEAL (undivided) shares.
(c) Each IDEAL share is definite in
amount, but is not physically
segregated from the rest.
(d) Regarding the physical whole, each
co-owner must respect each other
in the common use, enjoyment, or
preservation of the physical whole
a co-owner cannot sell a
definite (with boundaries)
part of the property
The interest of the others
must
indeed
not
be
disregarded. (Art. 486).
(e) Regarding the IDEAL share, each
co-owner holds almost absolute
control over the same
he is full owner of his part,
and of the fruits and
benefits thereof; and he
may alienate, assign, or
mortgage it, but he cannot
substitute another person in
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its
enjoyment,
when
personal
rights
are
involved. (Art. 493)
(f) It is not a juridical person,
i.e., it has no juridical
personality
(g) A co-owner is in a sense a trustee
for the other co-owners
he
may
not
ordinarily
acquire exclusive ownership
of the property held in
common thru prescription
Co-ownership Distinguished from an
Ordinary Partnership
Co-ownership
Ordinary
Partnership
(a) no legal
(a) has legal or
personality
juridical personality
(b) created by
(b) created by
contract or
contract only
by other
(express or implied)
things
(c) purpose
(c) purpose is profit
collective
enjoyment
(d) agreement
(d) there is no term
for it to exist
limit set by the law
for 10 years
valid. (If
more than
10 years, the
excess is
e) as a rule,
void.)
there is
(e) as a rule, no
mutual
mutual
representati
representati
on
on
f) is dissolved
(f) not
by the death
dissolved by
or incapacity
death or
of partner
incapacity of
g) cannot
co-owner
substitute
(g) can dispose
another as
of his share
partner in
without
his place
consent of
without
others
consent of
the others
h) profits may
be stipulated
upon
Conjugal
Partnership
(a) arises only
because of the
marriage contract
(b) one must be a
male, the other a
female
(c) conjugal owners
are always only two
(d) profits are
generally 50-50
unless a contrary
stipulation is in a
marriage
settlement
(e) death of either
husband or wife
dissolves the
conjugal
partnership
(f) generally, the
husband is the
administrator
(g) encouraged by
law to
provide for better
family
solidarity
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