 | | Rights of Accession
- In General - The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, whether naturally or artificially.
- With Respect to Produce of Property - To the owner belongs the:
- Natural fruits - the spontaneous product of t he soil.
- Industrial fruits - those produced by land cultivation or labor.
- Civil fruits - the rental income of buildings and/or lands.
- With Respect to Immovable Property :
- The owner of land on which anything has been built, sown or planted in good faith shall have the right :
- To appropriate as his own the works, sowing or planting after payment of indemnity provided by law, or
- To oblige the builder or planter to pay the price of the land. However, the builder or planter cannot be obliged to pay for the land if its value is considerably more than that of the building or planting. In such case, he shall pay reasonable rent if the owner does not choose to appropriate the building after proper indemnity. The parties shall agree on the terms of the lease and in case of disagreement, the court shall fix the terms thereof.
- The owner of the land on which anything has been built, planted or sown in bad faith may :
- Demand the demolition of the work or removal of the planting or sowing at the expense of the builder or planter, or
- Compel the builder or planter to pay the price of the land and the sower, the proper rent.
The landowner is also entitled to damages from the builder planter or sower.
- If there was bad faith on the part of the landowner and the builder/planter/sower, the rights of the parties shall be the same as if both had acted in good faith.
- To the owners of land adjoining the banks of rivers belong the accretions which they gradually receive from the effects of the current of the water.
- The owners of estates adjoining ponds or lagoons do not acquire the land left dry by the natural decrease of the waters, or lose that inundated by them in extraordinary floods.
- River beds which are abandoned through the natural change in the course of the waters belong to the owners whose lands are occupied by the new bed in proportion to the area lost. However, the owners of the land adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value shall not exceed the value of the area occupied by the new bed.
- Whenever a river, changing its course by natural causes, opens a new bed through a private estate, the bed shall become a public dominion.
- Fundamentals of Property Ownership
- Rights Included in Ownership
- Limitations on Right Of Ownership
- Surface, Subsurface and Air Right
- Right to Hidden Treasure
- Rights of Accession
- Meaning of Title
- Modes of Acquiring Title
- Right to Own
- Acquisition by Former Natural Born Filipino Citizens
- Lands of The Public Domain
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Legal Foundations