Rights of Accession

Accession Continua:
Accession Industrial
ARTICLE

445

446

447

Accessory follows the

principal
Built, planted or sown
and improvements
or repairs to a land
belong to the landowner
Presumption; works,
sowing and planting
made by the owner at
his expense
(disputable)
Rules when owner of
property uses
materials of another
(Macasaet v. Macasaet)

EXCEPTION to Art. 445:

(Article 120 of the Family
Code)
Ownership of improvements made on separate property of the spouses at the
expense
of the conjugal funds: 1. value of the improvement is more than the value of the
property, entire property shall
belong to the conjugal partnership subj to the reimbursement of the value of the
property of owner-spouse
2. value of the improvement is less than the value of the property, ownership of
such improvement is retained by
the owner-spouse subj to
reimbursement of the cost of
the improvement

Landowner
Good faith
becomes the owner if:
he pays the value of the
materials (all expenses)
Bad faith
in case MO chooses not
to
remove:
he pays the value of the
materials (all expenses)
PLUS damages
Good faith
exempted for
reimbursement

at the
time of
improvem
ent

DEFINITION

Material owner

GOOD FAITH: (Pleasantville Dev't Corp v. CA)

Landowner -belief owner of the land that the
materials he is using is his
Material owner - belief of the owner of the materials that
the
land he is building is his
BAD FAITH:

Good faith
entitled to removal
provided no
substantial
injury is caused
Good faith
entitled to ABSOLUTE

Landowner - owner of the land makes use of the materials

which he knows belong to
another

removal (W/N may

cause injury) at the
expense
of LO
Bad faith
loses all his right with

*value:

Material owner - owner of the materials makes use of the la

he knows belong to another
*law is silent*
based on

entitled for
consequential
damages (inferior
quality)

448 & 451

449, 450, & 452

454

Rules when possessor

builds on the property
of another (Macasaet v.
Macasaet)
*option is given to the
landowner
*prevailing market value at
the time of payment
*BPS may remove the
ornaments/ embellishment
if it suffers no injury if LO
does not prefer to
appropriate luxurious
improvement (548)

respect to the
materials

J. Paras

Landowner

Builder, Planter, Sower

Good faith

Good faith

1. appropriate the bldg

if LO fails to pay indemnities

upon payment of NE & UE (546)

for expenses incurred,

*liable for LE - if he desires to

BPS has the right of retention

appropriate luxurious improvement (548)

2. compel the BP to buy the land; S to pay rent
a.) unless the value of the land is
considerably more than the
value of the bldg
*rent should be paid (forced lease)
b.) BPS fails to pay for the land
*right of removal or demolition arises
Good faith
1. appropriate the bldg without paying for its
values but he is oblige to pay the NE
with entitlement for damages
2. demand the demolition of the house
at BPS's expense
with entitlement for damages
3. compel the BP to buy the land; S to pay rent
w/n the value of the land is considerably
more than the value of the bldg
Bad faith

Bad faith
liable for damages at same
time loses all his right with
respect to what is built,
planted or sown without
indemnity except for NE
incurred for the preservation
of the land

Good faith

*447*

in case BPS chooses not to

remove:
he pays the value of the
materials (all expenses)
PLUS damages

453

455

Both parties are in bad faith

treated as both parties are in good faith
Materials , plants or seeds belong to
3rd person
in good faith

entitled to ABSOLUTE
removal (W/N may
cause injury) at the expense
of LO

1. BPS paid 3rd person; BPS may demand from

LO the value of materials and labor
2. if BPS has no property with which to pay;
(insolvent) LO shall be liable subsidiarily
for the value of MPS
3. BPS in bad faith; LO chooses to demolish
or compel the BP to purchase the land
LO is not liable subsidiarily

DEFINITION:
Necessary expense: made for the preservation of the thing
or those without which the thing would deteriorate or be lost
such as required by wear and tear due to the natural use of the
thing and are indispensable for its preservation
Useful expense:
those that augment the value of the thing upon which they are spent
Luxurious expense:
made for the pleasur; not considered necessity

Rights of Accession
Accession
Continua:
Accession Natural
Water Code (P.D.
1067)

ARTICLE
Alluvium

457

Owners adjoining
river banks

Accretion benefits the riparian

owner when:
1. deposits be gradual and
imperceptible
2. resulted from the effects of
the current of water
3.land where accretion takes
place is adjacent to the

Alluvium: soil deposited or

added to lands
adjoining river banks; gradually
receive as an effect of the
current of the waters
Accretion: process whereby soil
is deposited

Owners adjoining
ponds or lagoons

459

460

along their margins are subject to the easement of public use in the interest of
recreation,
navigation, floatage, fishing and salvage. No person shall be allowed to stay in
this zone
longer than what is necessary for recreation, navigation, floatage, fishing or
salvage

do not acquire land left dry by

natural
decrease of waters
or lose that inundated by waters
in
extraordinary floods
Avulsion
Owner of the land
which the
segregated
portion retains
ownership
*provided he
removes the same
w/in 2yrs
Uprooted trees
belong to the
owner of
the land to which
they may be cast

throughout their entire length and within a zone of three (3) meters in urban
areas,
twenty (20) meters in agricultural areas and forty (40) meters in
forest areas,

bank of a river

458

Article 51. The banks of rivers and streams and the shores of the
seas and lakes

or to build structures of any

kind.

Avulsion: process whereby the

current of a river
1. current of river, creek or
torrent segregates
from an estate on its bank a
known portion of land
2. transfer it from another
if owner claim them:
he shall pay the expenses
incurred in

creek or torrent segregates from

an estate on its
bank a known portion of a land
and transfer it to another estate

*if the owners do not

claim w/in 6mos.

a. gathering b. putting them in

a safe place

Rules on
abandoned river
beds
*ipso facto belong to
the owners whose

461

lands are occupied

by the new course
in proportion to the
area lost.
*owners of the land
adjoining the old bed
shall also have the
right to acquire the
same by paying the
value thereof
(value not exceeding
the value of the
new bed)

Water Code (P.D.

1067)

1. sudden change
2. changing course is
more or less permanent
3.change of the river
must be a natural one
4. definite abandonment
by the government
5. river must continue to
exist

*The
identification of
the actual
portion the land
becomes
necessary and
indispensable
(Galang v.
Reyes)

Article 58. When a river or stream suddenly changes its course to traverse
private lands,

the owners of the affected lands may not compel the government to restore the river to its
former bed;
nor can they restrain the government from taking steps to revert the river or stream to its
former course.
The owners of the land thus affected are not entitled to compensation for any damage
sustained thereby.
However, the former owners of the new bed shall be the owners of the abandoned bed in proportion to the area lost
by each.

Branching of rivers

462 & 463

464

Formation of islands on seas,

lakes
and on navigable or floatable
rivers
Formation of islands in nonnavigable or
non-floatable rivers

465

FORMS OF
ACCESSION
NATURAL

1.
2.
3.
4.

Alluvium
Avulsion
Change of course of rivers
Formation of islands

Whenever a river divides itself into

branches:
1. opens new bed through a private
estate,
it shall become a public domain
2. leaving a piece of land isolated, owner
of the land
retains ownership of it
3. portion of his estate is separated by the
current,
he also retains ownership of it
belong to the State
1. belong to the owner of the margins
nearer to
island
2. to owners of both margin if island is in
the middle
of the river, it will be divided
longitudinally in
halves

Navigable or floatable river - useful for

floatage
and commerce; beneficial for trade &
commerce