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8/12/2019 Reviewer Property

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PROPERTY

Elements [ U S A]

1. Utility - capability of the thing to satisfy a human need2. Substantivity - independent existence

3. pp!op!iability - susceptible to o"ne!ship

#mmovable $!ope!ty% by catego!y

1. &y natu!e - lands% !oads% mines and 'ua!!ies as "ell as se"e!s%

!ega!dless of any conside!ation

2. &y inco!po!ation - buildings and othe! st!uctu!es adhe!ed to the soil%

attached to an immovable in a fixed manne!%

i!!espective of o"ne!ship the!eof

3. &y destination - ob(ects fo! use o! o!namentation placed in buildings

o! on lands by the o"ne! of the immovable o! agentthat it !eveals the intention to attach them the!eto) as

"ell as machine!y and othe! implements intended

by the o"ne! of the tenement fo! an indust!y o!"o!* "hich may be ca!!ied on in a building o! on

a piece of land and "hich tend di!ectly to meet the

needs of said indust!y o! "o!*

+. &y analogy - !eal !ights ove! immovable

$e!sonal $!ope!ty

1. movables susceptible of app!op!iation "hich a!e not included as immovables2. !eal p!ope!ty by special p!ovisions of la" a!e t!eated as pe!sonalty

3. fo!ces of natu!e "hich a!e b!ought unde! the cont!ol of science

+. in gene!al% all things "hich can be t!anspo!ted f!om place to place "ithout

impai!ment of the !eal p!ope!ty to "hich they a!e attached

nd also%

1. obligations and actions "hich have fo! thei! ob(ect movables o! demandablesums

2. sha!es of stoc*% although they may have !eal estate

Ownership

Elements

1. ,ight to en(oy

a. !ight ove! the f!uits (us f!uendib. !ight to possess (us possidendic. !ight to use (us utendi

d. !ight to consume o! abuse (us abutendi

2. ,ight to dispose

3. ,ight to exclude


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+. ,ight to !ecove!

Doctrine of self-help - may use such fo!ce as may be !easonably necessa!y to !epel

o! p!event an actual o! th!eatened unla"ful physical

invasion o! usu!pation of p!ope!ty

Doctrine of Incomplete Privilege - the o"ne! cannot !efuse inte!fe!ence by

anothe! if such inte!fe!ence is necessa!y to

ave!t an imminent dange! and the th!eateneddamage% compa!ed to the damage a!ising to

the o"ne! f!om the inte!fe!ence is much

g!eate!

,ight of accession

/ives to the o"ne! the !ight to eve!ything0

1. p!oduced the!eby accession disc!eta

2. inco!po!ated o! attached the!eto accession continua% natu!ally o! a!tificially

ccession isc!eta

o the o"ne! belong the f!uits0

1. natural - spontaneous p!oducts of the soil% young and othe! p!oducts

of animals

2. industrial - those p!oduced by lands of any *ind th!ough cultivation o!labo!

3. civil - !ent of buildings% p!ice of leases of lands% etc.

Gathered fruits Ungathered fruits

"ne! should pay fo! the expenses of

cultivation% gathe!ing and p!ese!vation%

i!!espective of good faith o! bad faith

4hen the possession is inte!!upted% and

in bad faith% no !eimbu!sement is due

ccession 5ontinua

1. #ndust!ial - building% planting and so"ing2. natu!al - alluvion% avulsion% change of !ive! bed and fo!mation of

islands

ccession #ndust!ial

$!inciples

1. #f !emoval can be achieved "ithout dest!uction% !ules on accession a!e

inapplicable2. he accesso!y follo"s the p!incipal3. $!inciples of un(ust en!ichment gene!ally applicable

+. s against a pe!son in good faith% one "ho is in bad faith not only loses his

!ights but may be held liable fo! damages

"ne! of 6ate!ials


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ccession 5ontinua of 6ovables

1.Adjunction or conjunction - "heneve! t"o movables belonging to diffe!ento"ne!s a!e% "ithout losing thei! identity o! natu!e%

united in such a "ay that they fo!m a single ob(ect

2.Mixture - if t"o solid comixtion o! li'uid fusion things

of the same o! diffe!ent *inds a!e mixed% the!eby

ha!dly p!ese!ving thei! o!iginal identities

3. Specification - "hen a pe!son t!ansfo!ms the mate!ial of anothe!

into a ne" thing

CO-OWNERSHIP

,ights of co-o"ne!s

1. inte!est in the ideal o! abst!act pa!t

a. absolute

b. may alienate% assign o! mo!tgage

2. on the physical things itself

a. may use acco!ding to pu!pose

b. "ithout in(u!y to the !ights of othe! co-o"ne!s

ecisions

1. cts of p!ese!vation - by one but must t!y to notify

2. cts of administ!ation - ma(o!ity of cont!olling inte!est

3. acts of alte!ation% encumbe!ance o! alienation - 77

4hen no pa!tition can be made

1. g!eement not exceeding ten yea!s% "hich may be !ene"ed not automatic2. ono! o! testato! p!ohibits but not mo!e than 2: yea!s

3. $!ohibited by la"

c'uisition by p!esc!iption

1. 5o-o"ne!ship must be !epudiated exp!essly o! by une'uivocal and positive

acts

2. ,epudiation must be made *no"n to the othe! o"ne!s3. ,epudiating o"ne! must be in open% continuous% exclusive and noto!ious

possession fo! the pe!iod !e'ui!ed by la" 3: y!s.

POSSESSION

he holding of a thing o! en(oyment of a !ight

1. intent to possess animus possidendi2. a thing o! !ight co!pus susceptible of app!op!iation


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eg!ees of holding

1. $ossession "ithout any title "hatsoeve!

2. $ossession "ith (u!idical title

3. $ossession in the concept of an o"ne! - "ith o! "ithout (ust title+. $ossession "ith a title in fee simple

6odes of ac'ui!ing

1. mate!ial occupation of a thing o! the exe!cise of a !ight

2. by the fact that it is sub(ect to the action of ou! "ill

3. by the p!ope! acts and legal fo!malities established fo! ac'ui!ing such !ight

5onflict of possession

1. p!esent possesso!2. one in longe! possession

3. one "ho p!esents a title

+. placed in (udicial deposit

ac*ing of possession only if the!e is p!ivity bet"een p!evious and p!esent

heo!y of #!!evindicability

7oss of possession

1. dest!uction of the thing2. abandonment

3. possession by anothe! unless clandestine

+. assignment to anothe!

USUFRUCT

/ives a !ight to en(oy the p!ope!ty of anothe! "ith the obligation of p!ese!ving its

fo!m and substance% unless the title constituting it o! the la" othe!"ise p!ovides

Extinguishment

1. 6e!ge! of the usuf!uct and o"ne!ship in the same pe!son

2. ,enunciation of the usuf!uctua!y

3. otal loss of thing in usuf!uct+. e!mination of the !ight of pe!son constituting the usuf!uct

;. $!esc!iption

EASEMENTSOFSERVITUDES

n encumbe!ance imposed upon an immovable p!edial easement belonging to a

diffe!ent o"ne!

ominant and se!vient estates

6ay also be imposed fo! the benefit of a community o! of one o! mo!e pe!sons

pe!sonal easement to "hom the encumbe!ed estate does not belong


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6odes of ac'ui!ing

1. itle

a. one

to the easement of public use in the gene!al inte!est of navigation% floatage%fishing and salvage

3. easement of to"path+. easement of abutment of a dam% afte! payment

;. compulso!y easements fo! d!a"ing "ate! o! "ate!ing animals% payment9. easement of a'ueduct - continuous and appa!ent

?. stop loc* o! sluice gate in the bed of st!eam fo! i!!igation

Easements of !ight of "ay

1. estate is su!!ounded by immovables2. it is "ithout ade'uate outlet to public high"ay

3. p!ope! indemnity must be paid

+. the isolation is not due to p!op!ieto!@s o"n acts;. the !ight of "ay claim is at a point least p!e(udicial to the se!vient estate

- animal path% animal t!ail gove!ned by o!dinance

Easement of pa!ty "all

- fo!ced co-o"ne!ship% conside!ed dominant and se!vient of the othe!


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$!esumed in0

1. dividing "alls of ad(oining buildings up to the point of common elevation2. dividing "alls of ga!dens o! ya!ds situated in cities% to"ns o! in !u!al

communities

3. fences% "alls and live hedges dividing !u!al lands

Easement of light and vie"

!ainage of buildings

#nte!mediate distances and "o!*s fo! const!uctions and plantings

Easement against nuisance

7ate!al and sub(acent suppo!t

Extinguished by

1. me!ge! in the same pe!son of the full o"ne!ship of the dominant and se!vientestates

2. by non use! fo! ten yea!s

3. "hen eithe! o! both fall into such condition that the easement cannot be used+. expi!ation of te!m

;. !enunciation of the o"ne! of the dominant estate

9. !edemption ag!eed upon bet"een the o"ne!s of the dominant and se!vientestates

NUISANCE

ny act% omission% establishment% business% condition of p!ope!ty% o! anything else

"hich0

1. in(u!es o! endange!s the health o! safety of othe!s

2. annoys o! offends the senses

3. shoc*% defies o! dis!ega!ds decency o! mo!ality+. obst!ucts o! inte!fe!ed "ith the f!ee passage of any public high"ays o! st!eet

o! any body of "ate!

;. hinde!s the use of p!ope!ty

tt!active nuisance

pe!son "ho maintains in his p!emises a dange!ous inst!ument o! appliance of acha!acte! that is li*ely to att!act child!en at play% and "ho fails to exe!cise due ca!e to

p!event them f!om playing the!e"ith% shall be liable to a child of tende! yea!s "ho is

in(u!ed the!eby% even if the child is technically a t!espasse! in the p!emises. body of

"ate!% "hethe! natu!al o! a!tificial% the latte! being me!ely a duplication of natu!e% cannot%as a !ule be an att!active nuisance unless unusual featu!es a!e added so as to inc!ease a

possible invitation to dange! to child!en at play.

=inds

1. $ublic o! p!ivate2. $e! se o! pe! accidens

,emedies

a! pu"lic


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1. $!osecution

2. 5ivil action3. batement "ithout (udicial p!oceedings

- to be dete!mined by dist!ict health office! "hich one

"! private

1. civil action2. abatement "ithout (udicial p!oceedings

Ao! abatement to be valid0

1. demand be fi!st made upon the o"ne! o! possesso! of the p!ope!ty to abate the

nuisance

2. such demand is !e(ected

3. abatement app!oved by dist!ict heath office! and executed "ith assistance ofpolice

+. value of the dest!uction does not exceed $3%:::

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