CHAPTER 3 RIGHT OF ACCESSION GENERAL PROVISIONS 440: RIGHT OF ACCESSION Art. 440.

The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially. (353) ACCESSION is the extension of ownership over a thing to whatever is incorporated thereto naturally or artificially (without or with labor of man). ACCESSION is one of the rights of ownership and is not a mode of acquiring property. accession Fruits, additions, improvements upon a thing: building, planting, sowing, accession natural such as alluvion, avulsion, change of river course, formation of islands Accesory Joined to or included with the principal thing for the latetters embellishment, better use or completion

ACCESSION CONTINUA: incorporated or attached to the principal thing. Real property Accession industrial building, planting, sowing Accession natural alluvion, avulsion, change of river course and formation of islands Conjunction or adjunction Inclusion or engrafment, soldadura or attachment, tejido or weaving, pintura or parinting and escritura or writing Commixtion or confusion Specification SECTION 1. - Right of Accession with Respect to What is Produced by Property Art. 441. To the owner belongs: (1) The natural fruits; (2) The industrial fruits; (3) The civil fruits. (354) Kinds of fruits by their source: Naturalgrwoth without intervention of man Industrialproducts of the soil as a result of human labor Civilperiodical increase of incorporeal property (rents, stock dividends, annuities) Kinds of fruits by separation from the principal: Pendingattached to the principal Gatheredseparated from the principal Kinds of fruits by their existence: Existing/ pending: Plants: single cropsdeemed pending upon appearance of shoots periodic cropsupon actual appearance of fruit animals: exist at the beginning of the maximum period of gestation althought still unborn future not natural or industrial fruits. Fruits mus be existing or visible GENERAL RULE OF OWNERSHIP OF FRUITS: Belong to the owner of the principal EXCEPTION: other person may own fruits 1. possession in good faith before it is leagally interrupted 2. usufruct: usufructuary entitled to all the fruits of the property on usufruct (usufruct defined: right to enjoy the property of another temporarily including the right to use and right to the fruits but the owner has the right to alienate or encumber) 3. lease of rural lands 4. pledge 5. anti-chresis: creditor acquires fruits of immovable to be applied to debt of debtor 442: NATURAL, INDUSTRIAL, CIVIL FRUITS DEFINED

PRINCIPLES: Accessory follows the principal owner of principal acquires ownership over the accesory There should be no unjust enrichment at anothers expense.: 447. Right of owner to acquire what is BUILT, PLANTED OR SOWN with the materials of abothermust pay their value 455. Materials belong to a third personowner answers subsidiarily unless he exercises his right of removal. 452. BUILDER, PLANTER OR SOWER although in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land. Accession exists only if the incorporation is such that separation would seriously damage either thing or diminish its value Bad faith has no rights and involves liability for damages Bad faith of one party neutralizes the bad faith of the other TWO MAIN KINDS: ACCESSION DISCRETA: fruits of the thingeverything produced by the property Natural fruits Industrial fruits Civil fruits

Art. 442. Natural fruits are the spontaneous products of the soil, and the young and other products of animals. Industrial fruits are those produced by lands of any kind through cultivation or labor. Civil fruits are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income. (355a) NATURAL FRUITS TWO KINDS OF NATURAL FRUITS: 1. spontaneous product of the soil 2. young and other products of animals standing trees are not fruits but are immovables owner of female cow, owns its young, but if mixed with anothers cattle ownership will be lost INDUSTRIAL FRUITS: produced by lands of any kind through cultivation or labor CIVIL FRUITS: 1. rents of buildings 2. price of leases of lands and other property 3. amount of perpetual or life annuities or other similar income NOTES: TENANT who is a possessor in BF may be sued for civil fruits (rent of building) and price of lease of the land. Liability is from the right of accession. DIVIDEND is income or fruit (if stock is in usufruct it that goes to the usufructuary rather than owner of shares of stock) SALE IN EXECUTION: judgement debtor collects rents until the period of redemption expires. If redemption expires, the purchaser has ownership of the land and may collect the rent and pays judgement debtor expenses for cultivation, harvesting and preservation BONUS not civil fruit because it is a remote and accidental relation to the land 443: OBLI OF RECEPIENT TO REIMBURSE NECESSARY EXPENSES OF 3RD PERSON Art. 443. He who receives the fruits has the obligation to pay the expenses made by a third person in their production, gathering, and preservation. (356) No one may unjustly enrich himself at the expense of another Only expenses incurred by possessor for PRODUCTION, GATHERING AND GATHERING (not mere enhancement or improvement) 443 applicable when fruits or crops have been gathered or haversted, bearing in mind art 449, 452, 554 to 551 GATHERED PLANTER OWNER

FRUITS PLANTER IN GF PLANTER IN BF

Keeps fruits

Does not keep the fruits but is reimbursed for production, gathering and preservation PLANTER

Not necessary to reimburse planter because planter keeps the fruits Keeps fruits but pays for necessary expenses

STANDING CROPS PLANTER IN GF

OWNER Keeps the fruits, pays the planter expenses (forced coownership) Keeps the fruits

PLANTER IN BF

Does not keep the fruits but is reimbursed for production, gathering and preservation Does not keep fruits, no right to reimbursement

Art. 444. Only such as are manifest or born are considered as natural or industrial fruits. With respect to animals, it is sufficient that they are in the womb of the mother, although unborn. (357) SECTION 2. - Right of Accession with Respect to Immovable Property Art. 445. Whatever is built, planted or sown on the land of another and the improvements or repairs made thereon, belong to the owner of the land, subject to the provisions of the following articles. (358) Art. 446. All works, sowing, and planting are presumed made by the owner and at his expense, unless the contrary is proved. (359) Art. 447. The owner of the land who makes thereon, personally or through another, plantings, constructions or works with the materials of another, shall pay their value; and, if he acted in bad faith, he shall also be obliged to the reparation of damages. The owner of the materials shall have the right to remove them only in case he can do so without injury to the work constructed, or without the plantings, constructions or works being destroyed. However, if the landowner acted in bad faith, the owner of the materials may remove them in any event, with a right to be indemnified for damages. (360a) Art. 448. The owner of the 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 the indemnity provided for in

Articles 546 and 548, or to oblige the one who built or planted to pay the price of the land, and the one who sowed, the proper rent. However, the builder or planter cannot be obliged to buy the land if its value is considerably more than that of the building or trees. In such case, he shall pay reasonable rent, if the owner of the land does not choose to appropriate the building or trees after proper indemnity. The parties shall agree upon the terms of the lease and in case of disagreement, the court shall fix the terms thereof. (361a) Art. 449. He who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without right to indemnity. (362) Art. 450. 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 that the planting or sowing be removed, in order to replace things in their former condition at the expense of the person who built, planted or sowed; or he may compel the builder or planter to pay the price of the land, and the sower the proper rent. (363a) Art. 451. In the cases of the two preceding articles, the landowner is entitled to damages from the builder, planter or sower. (n) Art. 452. The builder, planter or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land. (n) Art. 453. If there was bad faith, not only on the part of the person who built, planted or sowed on the land of another, but also on the part of the owner of such land, the rights of one and the other shall be the same as though both had acted in good faith. It is understood that there is bad faith on the part of the landowner whenever the act was done with his knowledge and without opposition on his part. (354a) Art. 454. When the landowner acted in bad faith and the builder, planter or sower proceeded in good faith, the provisions of article 447 shall apply. (n) Art. 455. If the materials, plants or seeds belong to a third person who has not acted in bad faith, the owner of the land shall answer subsidiarily for their value and only in the event that the one who made use of them has no property with which to pay. This provision shall not apply if the owner makes use of the right granted by article 450. If the owner of the materials, plants or seeds has been paid by the builder, planter or sower, the latter may demand from the landowner the value of the materials and labor. (365a)

Art. 456. In the cases regulated in the preceding articles, good faith does not necessarily exclude negligence, which gives right to damages under article 2176. (n)