CLASSIFICATION OF REAL PROPERTY 6.

Jus vindicandi the right to recover

7. Jus accessiones the right to accessories
1. Real property by Nature
2. Real property by Incorporation ACTIONS TO RECOVER
3. Real property by Destination or Purpose
4. Real property by Analogy 1. Accion Interdictal
a. Forcible Entry
CLASSIFICATION OF MOVABLE PROPERTY b. Unlawful Detainer
2. Accion Publiciana
1. According to Nature 3. Accion Reinvindicatoria
Consumable 4. Replevin
Non-consumable 5. Writ of Possession
2. According to Intent 6. Writ of Demolition
Fungible 7. Writ of Preliminary Injunction
Non-Fungible
FORMS OF ACCESSION NATURAL
THREE KINDS OF PROPERTY UNDER PUBLIC DOMINION
1. For Public Use 1. Alluvium
2. For Public Service 2. Avulsion
3. For the Development of National Wealth 3. Change of course of rivers
4. Formation of Islands
CHARACTERISTICS OF PROPERTIES OF PUBLIC DOMINION
3 KINDS OF ACCESSION DISCRETA
1. Outside the commerce of man, and cannot be leased, sold, donated, or be the
object of any contract EXCEPT INSOFAR as they may be the subject of repairs 1. Natural Fruits
or improvements and other incidental things of similar character. 2. Industrial Fruits
2. They cannot be acquired through prescription, no matter how long the possession 3. Civil Fruits
of the properties has been
3. They cannot be registered under the Land Registration Act and be a subject of a REQUISITES OF ALLUVIUM
Torrens Title
4. Usufruct or cannot be levied upon by execution or can be attached 1. The deposit should be gradual and imperceptible
5. May be used by everyone 2. Caused by the current of the river
6. Can either be real or personal property 3. That the land where accretion takes place is adjacent to the bank of the river
4. The owner of the adjacent lot will own the increase
PROPERTIES OF POLITICAL SUBDIVISIONS
REQUISITES OF AVULSION
1. Property for Public Use
2. Patrimonial Property 1. Sudden and violent
2. Land is identifiable and known
7 RIGHTS OF AN OWNER 3. Owner of the land where the land was detached retains ownership provided t
he removes the same within two years
1. Jus possidendi The right to posses
2. Jus Utendi the right to use DIFFERENT KIDS OF ADJUNCTION
3. Jus fruendi the right to fruits
4. Jus abutendi- the right to consume 1. Inclusion/engraftment
5. Jus disponendi the right to dispose 2. Soldadura/Soldering
3. Escritura/Writing
 4. Pintura/Painting 3. Indemnity for damages in case of negligence or fraud
5. Weaving/Tejido 4. Reciprocal warranty for defects of title or quality
5. Each former co-owner is deemed to have had exclusive possession of his p
TEST TO DETERMINE WHICH IS THE PRINCIPAL AND WHICH IS THE allotted to him for the entire period which the co-possession lasted
ACCESSORY
VIEWPOINTS OF POSSESSION
1. That to which the other has been united as an ornament, or for its use, or
perfection 1. Jus possidendi RIGHT to possession Possession de facto incident
2. That of greater value ownership
3. That of greater volume 2. Jus possessiones possession de jure independent of ownership
4. That which has greater merits
Note: In painting and sculpture, writings, printed matter, engraving, and DEGREES OF POSSESSION
litographs, the board, metal, stone, canvas, paper, or parchment shall be deemed
the accessory thing. 1. Grammatical Degree - Mere holding or having without any right whatsoever
2. Possession with Juridical Title Juridical Possession
SOURCES OF CO-OWNERSHIP 3. Real Possessory Right Possession with Just Title but not from the real owner
1. Law 4. Possession with Title of Dominium With a Just title from the owner
2. Contract
3. Chance REQUISITES OR ELEMENTS OF POSSESSION
4. Occupation or occupancy
1. There must be holding or control of a thing or right
5. Succession or Will
2. There must be deliberate intention to possess or animus possidendi
CONSENT REQUIREMENTS 3. The possession must be by virtue of ones own right

1. Acts of preservation No consent CLASSES OF POSSESSION

2. Acts of Administration Financial majority
1. On ones own name or in that of another
3. Acts of Alteration All must consent
2. On the concept of owner or holder
ALTERATION 3. In good faith or bad faith

1. Change which is more or less permanent POSSESSION IN ANOTHERS NAME

2. Which changes the use of the thing
1. VOLUNTARY
3. Which prejudices the condition of the thing or its enjoyment by others
2. INVOLUNTARY
ACQUISITIVE PRESCRIPTION IN FAVOR OF A CO-OWNER: 3. UNAUTHORIZED

1. Clear and unequivocal act of repudiation of the co-ownership PRESUMPTIONS REGARDING POSSESSION
2. Act of repudiation must be made known
1. Good Faith
3. Clear and convincing evidence
2. Continuity of the character of good faith
4. Open, continuous, exclusive, notorious, adverse, public possession in the concept
3. Non-interruption of possession
of an owner
4. Presumption of just title
EFFECTS OF PARTITION 5. Non-interruption of possession of property unjustly lost but legally recovered
6. Possession during intervening period
1. Mutual accounting of benefits 7. Possession of movables with real property
2. Mutual reimbursement for expenses 8. Exclusive possession of common property
Possession in the concept of holder: REQUISITES BEFORE USUFRUCTUARY IS ALLOWED TO MAKE REPAIRS

1. Lessees 1. Due notification to the Naked Owner of urgency

2. Trustees 2. Naked owner failed to make them
3. Antichretic creditors 3. Repair is needed for preservation
4. Agents
5. Attorneys REQUISITES BEFORE A SET-OFF CAN BE MADE
6. Depositaries
7. Co-owners unless the co-ownership is clearly repudiated by unequivocal acts 1. The damage must have been caused by the usufructuary
communicated to the other co-owners 2. The improvements must have augmented the value of the property

Three kinds of Titles Art. 603. Usufruct is extinguished:

1. True and Valid Title there was a mode of transferring ownership and the grantor 1. By the death of the usufructuary, unless a contrary intention clearly appears;
was the owner 2. By the expiration of the period for which it was constituted, or by the fulfillm
a. Req: of any resolutory condition provided in the title creating the usufruct;
i. Must be in possession 3. By merger of the usufruct and ownership in the same person;
ii. Possession must be in the concept if owner 4. By renunciation of the usufructuary;
2. Colorable Title although there was a mode of transferring ownership, something 5. By the total loss of the thing in usufruct;
is wrong because the grantor is not the owner 6. By the termination of the right of the person constituting the usufruct;
Titulo Colorado is what is meant by just title in the law of prescription 7. By prescription. (513a)
Ordinary prescription needs good faith and just title
Extraordinary prescription does not need either good faith or just title
In case of real properties, prescription is 10 and 30 years respectively DEATH OF THE USUFRUCTUARY ENDS THE USUFRUCT. EXCEPTIONS:
3. Putative Title although a person believes himself to be the owner, he
1. In the case of multiple usufructs
nonetheless is not, because there was no mode of acquiring ownership
2. In case there is period fixed based on the number of years that would ela
before a person would reach a certain age 3. In case the contrary intention clea
CHARACTERISTICS OR ELEMENTS OF USUFRUCT
appears
1. Essential characteristics
CHARACTERISTICS OF EASEMENT:
a. It is a real right
b. It is of temporary nature or duration 1. Real Right
c. Its purpose is to enjoy the benefits and derive the advantages from the 2. Imposable only on anothers property
object as a consequence of normal use or exploitation 3. Jus in re aliena (a real right may be alienated thought the naked ownership
2. Natural characteristicsobligation of conserving and preserving the form and maintained)
substance of the thing 4. It is a limitation or encumbrance on the servient estate for anothers benefit
3. Accidental characteristicsthose which may be present or absent depending upon 5. There is inheritance or inseparability
the stipulation of the parties 6. Indivisible
7. Intransmissible
USUFRUCTUARY IS RESPONSIBLE FOR ORDINARY REPAIRS WHEN: 8. Perpetual
1. When they are required by NORMAL or NATURAL use
2. They are needed for preservation REQUISITES OF PRESCRIPTION (Easement)
3. Occurred during the usufruct
4. Must have happened with or without the usufructuary 1. Possession in the concept of owner
2. Public
 3. Peaceful 3. annulment, rescission, or cancellation of the title
4. Uninterrupted 4. abandonment of the servient estate
5. resolution of the right of the grantor to create the easement
DIFFERENT LEGAL EASEMENTS 6. registration of the servient estate as FREE, easement was not registered
7. in legal easement of right of way, opening of adequate outlet to the highway
1. Easements relating to waters 2. Right of way
2. Light and view THREE KINDS OF ANIMALS
3. Party wall
4. Drainage of building 1. Wild animalswhich live naturally independent of man
5. Intermediate distances 2. Domesticatedwild by nature but recognizes the authority of man
6. Easement against nuisance 3. Domesticborn and reared ordinarily under the control of and
7. Lateral and subjacent support 4. care of man

Easement of Right of Way Requisites:

ESSENTIAL CHARACTERISTIC OF A TRUE DONATION INTER VIVOS
1. The property is surrounded by estates of others
2. No adequate outlet to a public highway 1. The necessary form
3. Payment of proper indemnity - use before indemnity is not allowed 2. Consent or acceptance by done during donors lifetime
4. Must be established at the point least prejudicial to the servient estate 3. Irrevocability
5. The isolation must not be due to the proprietors act 4. Intent to benefit the done
5. Resultant decrease in the assets or patrimony of donor
Easements relating to waters
ACTS OF INGRATITUDE
1. natural drainage of lands
2. natural drainage of buildings 1. Donee commit some offense against the person, honor, or property of the don
3. easement on riparian banks for navigation, floatage, fishing, salvage easement of a or his wife, children under his parental authority
dam 2. Done imputes to the donor any criminal offense, or any act involving mo
4. easement of drawing water or for watering animals turpitude, eventhough he should prove it, UNLESS the crime or the act has b
5. easement of aqueduct committed against the done himself, or his wife, or children under his paren
6. easement for the construction of a stop lock or sluice gate authority
3. If he unduly refuses him support when the donee is legally or morally bound
Modes of Extinguishment give support to the donor.

1. merger in the same person of the ownership of the dominant and servient estates GROUNDS FOR REVOCATION:
2. non-user for ten years
3. when either or both of the estates fall into the condition that the easement cannot 1. Fulfillment of resolutory condition
be used (bad condition of the tenement or impossibility of use merely suspends 2. Ingratitude
since possibility of use revives the easement) 3. Birth, Adoption, Reappearance
4. expiration of the term or fulfillment of the condition
5. renunciation GROUNDS FOR REDUCTION:
6. redemption
1. Birth, Adoption, Reappearance
Other causes of extinguishment 2. Inofficiousness
3. If insufficient property is left for the support of the donor and his relatives.
1. expropriation
2. permanent impossibility of use