FUNDAMENTALS OF LAND OWNERSHIP

Land Ownership Defined

It is the right and interest which a person has in land to the exclusion of others.
It is the independent right of exclusive enjoyment and control over land for the
purpose of deriving there from all advantages required by the reasonable needs
of the holder of the right and the promotion of the general welface but subject to
the restrictions imposed by law and the rights of others.

KINDS OF LAND OWNERSHIP

1 Full Ownership this includes the right of an owner.

2 Naked Ownership an ownership where the right to the use and the
fruits has been taken by another such as in the
case of a usufruct.

3 Sole Ownership where ownership is vested only in one person.

4 Co-ownership where ownership of a land as a whole is vested

in two or more persons.

MODES OF ACQUIRING LAND OWNERSHIP

1 Public Grant
the different administrative methods of acquiring public
lands, such as, homestead or free patent. The Spanish
government distributes land by issuing Royal Grants and
concessions to discovers, settlers, vassals and other people
in varied forms. Because of these grants and concessions,
title to land were acquired by the respective grants.

2 Adverse Posession or Prescription

the continuous, open adverse possession in the concept of
owner for the period fixed by law. However, land titled under
Torrents System of Registration cannot be acquired
by prescription or adverse possession.

3 Accretion
the process by which soil is deposited to lands adjoining rivers.
Article 457 of the Civil Code provides that the owners of lands
adjoining the banks of rivers is also the owner of accretion
which they gradually receive from the effects of the current of
the waters.

4 Reclamation
the filling of submerged land by deliberate act such as
the reclamation of Manila Bay.

5 Voluntary Transfer or Private Grant

the execution by the owner of appropriate document
transferring ownership to another.

6 Involuntary Alienation or Involuntary Grant

the process by which the land is taken against the consent of
the owner. Examples are expropriation proceeding, execution
of judgements, tax sales and foreclosure of mortgage.
 7 Descent
the acquisition of land by virtue of hereditary succession as
an heir.

8 Devise
the acquisition of land by the person thru the will of the
owner or testator.

9 Emancipation Patent
the land of agricultural lands to tenant-farmers to the
implementation of the land reform program of the
government.

CHARACTERISTICS OF OWNERSHIP

1 It is a general over all the utilities of a thing subject to the limitations

of real rights of orders.

2 It is an independent right since it can exist without the necessity

of any other right.

3 It is an abstract right because it can exist distinct and independent of its

constituent parts.

4 It is an elastic right in the sense that the power which is included therein
maybe reduced in quantity or quality without affecting the nature of
the dominion.

5 It is an exclusive right for there can only be one ownership although there
may be two or more owners.

6 It is generally perpetual right in that it is not usually limited by time and

may last as long as the thing exists.

REGALIAN DOCTRINE
"Everything in the country without a registered owner is owned by the STATE"

"Regalian"
comes from the word "Regal" - Meaning Royal or Royalty.

PRINCIPLE OF "RES NILLIUS"

"EVERYTHING IN EARTH MUST HAVE AN OWNER"

Res Nillius is a Latin term means things (Res) without an owner (Nillius).
(ex. fish in the ocean, wild animals)

Since everything must have an owner, if there are no private claimants or owners,
then that particular property is presumed to be owned by the STATE. Likewise,
when a person dies without any heir, then the state succeeds to the
estate of deceased.

STEWARDSHIP CONCEPT OF OWNERSHIP

Ownership of land carries with it a distinct social obligation. Owners are obliged to
use their properties to promote the general welfare and not only their interests,
thus the State may regulate or control land ownership.

CONCEPT OF TITLE
 Title should not be mistaken as the same as Torrens Certificate of Title. It is a term
that means evidence or proof of ownership. Tax declaration, relalty tax receipts,
deed of sale and Torrens Certificate of Title are some evidence of ownership.
The best proof of ownership is the

PRIVATE LANDS STILL OWNED BY ALIENS

1 Acquired before the 1935 Constitution
2 Acquired by inheritance
3 Acquired by foreigners who were formerly natural-born Filipino Citizens

RIGHTS INCLUDED IN LAND OWNERSHIP

1 Jus Utendi.
The right to use. This includes the right to exclude any person
from the enjoyment and disposal of property. For this purpose,
the owner may use such force as may be reasonably
necessary to repel or prevent an actual or threatened unlawful
physical invasion or usurpation of the property. The property
owner however, cannot use it in such a manner as to
injure the right of others.

2 Jus-Fruendi.
The Right To The Fruits. This includes the right to natural,
industrial and civil fruits.

3 Jus-Disponendi.
The Right To Dispose. This includes the right to donate,
to sell, or to mortgage.

4 Jus-Abutendi.
The Right To Abuse. However, the right of the owner to abuse
his property is restricted by law.

5 Jus-Vindicandi.
The Right To Recover. However, the owner must use judicial
process, if the property comes into the unlawful possession
of another. He should not take the law into his own hands.

6 Jus-Possidendi.
The Right To Process. It means the right to enjoy a right.

EXTENT OF OWNERSHIP:

Art. 437 (NCC) The owner of a parcel is the owner of its surface and of
everything under it and he can construct thereon any works
or make any plantations and excavations which he may deem
proper, without detriment to servitude and subject to
special laws and ordinances. He cannot complain of the
reasonable requirements of aerial navigation.

This provsion of law deals in part with what is known as

surface or air rights, it denotes the owner's claims in the
space above the surface of his property.

HIDDEN TREASURE:

Art. 348 Hidden treasure belongs to the owner of the land, buildings,
 or other property on which it is found. Nervertheless, when the
discovery is made on the property of another, or of the State
or any of its subdivisions, and by chance, one half (1/2)
thereof shall be allowed to the finder. If the finder is a
trespasser, he shall not be entitled to any share of the treasure.

If the things found be of interest to science or the arts,

the state may acquire them at their just price, which shall be
divided in conformity with the rule stated.

ACCESSION, ACCRETION, ALLUVION, AND AVULSION

Right to Accession It is the right of the owner to every thing that produced,
incorporated or attached thereto naturally or physically.
i.e. fruits, buildings, formation of land.

Accretion The act by which the land bordering a stream or body of water
increases its area by the river or other natural process.

Alluvion Refers to the soil deposited while the Accretion refers to

the process.

Avulsion The process by which the current of the river, creek or torrent
segregate from an estate a known portion and transfer
it to another estate.

ALLUVION AVULSION

1 Gradual deposit of soil. 1 Sudden segregation of an

2 Deposited soil belongs to
the owner of the property
where it was deposited.
3 Soil deposited can not Be
identified as to its source.
estate.
2 Original owner retains
ownership of the segregated
portion.
3 Portion segregated can be
identified.

LIMITATION OF LAND OWNERSHIP

A. THOSE IMPOSED BY THE STATE OR LAW

1 INHERENT POWER OF THE STATE

a. Police Power
The right of the state to regulate and restrict personla property
right for a common welfare.
Based on the maximum "welfare of the people is the supreme
law of the land"

Example: when there is fire in a neighborhood, some houses

may be destroyed or demolished by firemen to prevent the
spread of fire without compensation to the owner.

b. Power of Taxation
The inherent power of the state to rise income or revenue to
defray necessary governmental expenses for a public purpose.

c. Power of Eminent Domain

The superior right of the state to take certain properties
under certain condition. This right of the state is based on the
 need for human progress and community welfare and
development.

REQUISITES OF ELEMENT DOMAIN

1 Property must be taken for public use.

2 The taking must be by competent authority.
3 Due process of law must be observed.
4 Just compensation must be paid.

Eminent Domain
refers to the right while expropriation refers to procedures.

d. Escheat
The reservation or automatic conveyance of real property to
the State upon the owner's death due to the absence of will
heirs or other legal claimants, to the title, or when the owner
fails to pay the real estate taxes.

B VOLUNTARY LIMITATION
imposed by the owner or by agreement with others.
Ex. Lease contract

C LIMITATIONS IMPOSED BY THE GRANTOR

Ex. The donor may prohibit the done from partitioning the
property within period of 20 years.

IMMOVABLE PROPERTY
Are property which, from its nature, destination or the subject to which it is
applied, cannot be moved or be removed.

MOVABLE PROPERTY
Property which, generally, as the words imply, can be moved from one place
to another.

However, there are moovables which under certain conditions, may be considered
immovable by virtue or their being attached to an immovable for certain
specified purpose.

REAL PROPERTY
The law does not define which properties are immovable; they are merely
enumerated.

Art. 415 (NCC) The following are immovable properties:

1 Land, building, roads and construction of all kinds adhered to the soil.

2 Trees, plants, and growing fruits, while they are attached to the land or
form an integral part of an immovable;

3 Everything attached to an immovable in a fixed manner; in such a way

that it cannot be separated therefrom without breaking the material or
deterioration of the object.
4 Statues, reliefs, paintings or other object for use of ornamentation,
placed in buildings or on lands by the owner of the immovable in such a
manner that it reveals the intention to attach them permanently to
the tenements;

5 Machinery, receptacles, instruments or implements intended by the

owner of the tenement for an industry or works which may be carried on
in a building on a piece of land, and which tend directly to meet the
needs of the said industry works;

6 Animal houses, pigeon-houses, beehives, fish ponds or breeding places of

similar nature, in case their owner has placed them or preserves them
with the intention to have them permanently attached to the land,
and forming a permanent part of it; the animals in these places are
included.

7 Fertilizer actually used on a piece of land;

8 Mines, quarries and slag dumps, while the matter thereof forms part of
the bed, and water either running or stagnant;

9 Docks and structures which, though floating, are intended by their nature
and object to remain at fixed placed on a river, lake or coast;

10 Contracts for public works, and servitude and other real rights over
immovable property.