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Ownership

exercised over

things

rights

kinds

full ownership

nakedownership

sole ownership

co-ownership

attributes

possess

enjoy

dispose

recover

*in RL: use andabuse included

limitations

state

police power

condemnation

seizure

eminentdomain

expropriation

natural

ordinary

extraordinary

taxation

lawowner

(grantee)grantor

modes ofacquisition

OLD TIPS

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Accession

accession discreta(to the fruits)

natural

spontaneousproducts of the soil

young of animals

industrial

cultivation

application of labor

civil

rents

price of leases

annuities

other similar

income

accession continua(attachment orincorporation)

real property

accession industrial

building

planting

sowing

accession natural

alluvium

avulsion

change in teh

course of rivers

formation ofislands

personal property

adjunction orconjunction

inclusion(engraftment)

soldadura(attachment)

tejido (weaving)

pintura (painting)

escritura (writing)

mixture

confusion (liquids)

commixtion (solids)

specification

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Accession Industrial (building, planting, sowing, and other constructions)

Good Faith and Bad Faith Provisions (Articles 447-455, NCC)

Article Persons Involved Good Faith Bad Faith Remedy

447 and 454 Landowner/ Builder

Owner of the Materials

Pay the value of the

materials

Pay the value of the materials

plus damages

(Builder GF) Right to remove if no injury(Builder BF) Absolute right to remove

plus indemnity

448

449-451

Landowner

Builder

Appropriate as his own after

payment of indemnity

Pay the value of the land if

value of building > land

Loses the building without

indemnity

Pay the proper price of the land

or proper rent (landowners

choice)

No right of removal unless builder fails to

pay; value of land > building may demand

reasonable rent

If he fails to pay, he may pay rent,

demolish the building, or sell the

property at public auction (ordinary

money debt)

Landowner may demolish or get the

house; removal of the plants or building;

compel the builder to pay the price of

the land or rent; landowner is entitled to

damages. (all at the expense of the

builder)

452 Builder, planter, sower Entitled to reimbursement for

NECESSARY EXPENSES for

preservation of the land

453 Landowner

Builder

Acted in bad faith

Acted in bad faith

*both are considered in good faith, bad

faith is neutralized

455 Landowner

Builder

Owner of the materials Entitled to reimbursement

from the builder or

landowner (whoever

benefitted from the

materials)

Loses all rights to be

indemnified and liable for

CONSEQUENTIAL DAMAGES