intro to law property report (5)
TRANSCRIPT
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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.