Chapter II - Right of Accession Flashcards
Title II Ownership (53 cards)
What is the Right of Accession?
It is the right of an owner to everything produced by or attached to his property, either naturally or artificially.
Is accession a mode of acquiring ownership?
No, it is a right included in ownership, not a separate mode of acquiring it.
What are the two kinds of accession?
Accession Discreta (fruits) and Accession Continua (attachments).
What are the types of fruits under Accession Discreta?
Natural, Industrial, and Civil Fruits.
What does Accession Continua include?
Attachments to property, either natural (e.g., alluvion) or artificial (e.g., building, planting, sowing).
Who owns the fruits of a property?
The owner, except when there’s a usufruct, lease, or antichresis.
When are animals considered existing fruits?
When they are in the womb at the beginning of the maximum gestation period.
What is Avulsion?
Sudden transfer of land by river current; owner may reclaim within 2 years.
What are the basic principles of Accession Continua?
Unity without damage, ownership of the principal prevails, no unjust enrichment, good faith protects, bad faith penalizes.
Who owns what is built, planted, or sown on land of another?
The landowner, subject to provisions of law on good/bad faith.
What is presumed about works on land?
They are presumed made by the owner at his expense, unless proven otherwise.
What is Alluvion?
Gradual deposit of soil on the banks of rivers belongs to the riparian owner.
What if a river changes course naturally?
Landowners lose/gain proportionally; abandoned beds may be acquired by paying value.
Who owns islands formed in non-navigable rivers?
Owners of nearest margins; if in the middle, it is divided equally.
What if builder/planter is in bad faith in immovable property?
No indemnity; landowner may demand removal at builder’s expense.
Who pays for improvements in good faith in immovable property?
The landowner pays or allows removal; may choose to appropriate with indemnity.
What if both landowner and builder are in bad faith in immovable property?
Treated as if both are in good faith.
What is adjunction or conjunction?
Union of movables of different owners forming a new object.
What is commixtion and confusion?
Mixing of solids (commixtion) or liquids (confusion) owned by different parties.
