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Ownership in General
The owner has also a right of action against the holder and possessor of the thing in order to recover it. (348a)
Art. 429. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property, (n)
Art. 432. The owner of a thing has no right to prohibit the interference of another with the same, if the interference is necessary to avert an imminent danger and the threatened damage, compared to the damage arising to the owner from the interference, is much greater. The owner may demand from the person benefited indemnity for the damage to him. (n)
Should this requirement be not first complied with, the court shall protect and, in a proper case, restore the owner in his possession. (349a)
Art. 436. When any property is condemned or seized by competent authority in the interest of health, safety or security, the owner thereof shall not be entitled to compensation, unless he can show that such condemnation or seizure is unjustified, (n)
Art. 437. The owner of a parcel of land is the owner 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 servitudes and subject to special laws and ordinances. He cannot complain of the reasonable requirements of aerial navigation. (350a)
Nevertheless, when the discovery is made on the property of another, or of the State of any of its subdivisions, and by chance, one-half thereof shall be allowed to the finder. If the finder is a trespasser, he hall not be entitled to any share of the treasure.
If the things found be of interest to science or the , the State may acquire them at their just price, which shall be divided in conformity with the rule stated. (351 a)
Read comments for these provisions by Justice Vitug, Civil Law, Vol. 2, pp. 12 - 16 .
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