Case Prudential v.

Panis

Things to remember Classifications Buildings attached to a land may still be a subject of Real Estate Mortgage separate from the Land itself. Real Properties can be treated as movable properties when stipulated. However, it is still Real Property in so far as Third Persons are concerned. The Court has held that contracting parties may validly stipulate that a real property be considered as personal by estoppels. Properties cannot be converted to Real Property by mere nuts and bolts. The intents of the Parties should govern the treatment to such property. Movables which are permanently placed in a Real property where it is necessary for business may be considered Real Property by Incorporation or Destination. Despite the fact that Steel tanks storage are not embedded or bolted to the land, by determining its installation with degree of permanence and usefulness to business, it may be considered as Real property and is taxable to Real Estate Property tax. In unlawful use of Telephone lines, Theft is committed not in the sense that the Long distance calls were unlawfully taken as these was not owned by PLDT. What has been taken is the services and use of Telephone facilities that are necessary in long distance calls. This may be the subject of theft. Ownership Executing a Deed of Waiver of heirship does not Automatically transfer a Property to a co-heir. It only partakes to a waiver of ownership or share to an inheritance. It is different with a Contract of Sale which could outright transfer ownership of a property. Owner have the right to appropriate said portion of the house of respondents upon payment of indemnity to respondents, as provided for in Article 546 of the Civil Code. Otherwise, Owner may oblige builder in good faith to pay the price of the land occupied by their house. However, if the price asked for is considerably much more than the value of the portion of the house of respondents built thereon, then the latter cannot be obliged to buy the land. Respondents shall then pay the reasonable rent to petitioners upon such terms and conditions that they may agree. In case of disagreement, the trial court shall fix the terms thereof. Of course, Builder in Good faith may demolish or remove the said portion of their house, at their own expense, if they so decide. The choice belongs to the owner of the land (petitioners), a rule that accords with the principle of accession that the accessory follows the

Serg v. PCI Leasing Tsai v. CA Caltex v. CBAA Meralco v. CBAA

Laurel v. Abrogar

Acap v. CA

Limense

principal and not the other way around. Ownership, Land Registration and Titles Esmaquel v. Coprada Possession by means of sheer tolerance cannot arise to acquisitive prescription. Possessor cannot be considered in good faith if he knew he only possess the property by tolerance of the owner. Torrens Title is a prima facie evidence of ownership which shall prevail over an Oral sale of Property (Also violative of Statute of Frauds) Almagro v. Kwan To qualify as foreshore land, it must be shown that the land lies between the high and low water marks and is alternately wet and dry according to the flow of the tide. The land's proximity to the waters alone does not automatically make it a foreshore land. Thus, in Republic of the Philippines v. Lensico, the Court held that although the two corners of the subject lot adjoins the sea, the lot cannot be considered as foreshore land since it has not been proven that the lot was covered by water during high tide. Republic v. Ching Applicants for registration of title under Section 14(1) of P.D. 1529 in relation to Section 48(b) of Commonwealth Act 141, as amended by Section 4 of P.D. 1073 must sufficiently establish: (1) that the subject land forms part of the disposable and alienable lands of the public domain; (2) that the applicant and his predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of the same; and (3) that it is under a bona fide claim of ownership since June 12, 1945, or earlier. Right of Accession Pecson v. CA Article 361 applies only in cases where a person constructs a building on the land of another in good or in bad faith, as the case may be. It does not apply to a case where a person constructs a building on his own land, for then there can be no question as to good or bad faith on the part of the builder. Useful improvements shall be reimbursed to the Builder in good faith in its fair market value at the time of turnover. The Builder in good faith retains the property until such reimbursement is made (Art. 546 and 547. Art. 448 re Builder in good faith cannot apply to Contracts of Sale with repurchase. It is inapplicable when the owner of the Land is the Builder, Planter or Sower. Law on Sales shall apply specifically sale with right to repurchase. to be entitled to reimbursement for useful improvements introduced on the property, respondents must be considered builders in good faith. This is because in this case, Respondent is a Lessee. A lessee cannot be regarded as builder, Planter or sower in good faith as the fact of belief that he is the owner is absent.

Narvaez v. Alciso

Cheng v. Donini

Tuatis v. Escol

Meneses v. CA

The right of reimbursement of useful improvements under Art 448 of the Civil code rests in the hand choice of the owner whether to pay the Builder planter sower of reimbursement, charge Builder rent. Based on the Principle of Accession. Accretion as a mode of acquiring property under Article 457 of the Civil Code requires the concurrence of these requisites: (1) that the deposition of soil or sediment be gradual and imperceptible; (2) that it be the result of the action of the waters of the river; and (3) that the land where accretion takes place is adjacent to the banks of rivers (or the sea coast). Doctrine of Laches is the neglect or failure to exercise a right of which if exercised presently, would cause injury and prejudice to others. (1) Conduct on the part of the defendant, or of one under whom he claims, giving rise to the situation complained of; (2) Delay in asserting complainant's right after he had knowledge of the defendant's conduct and after he has an opportunity to sue; (3) Lack of knowledge or notice on the part of the defendant that the complainant would assert the right on which he bases his suit; and (4) Injury or prejudice to the defendant in the event relief is accorded to the complainant.

Quieting of Title sssshhhhh Bishop of Balanga v. CA

Ney v. QUijano Toring v. Boquiliaga

An action based on implied trust prescribes in 10 years. Quieting of title is a common law remedy for the removal of any cloud upon or doubt or uncertainty with respect to title to real property. Originating in equity jurisprudence, its purpose is to secure " an adjudication that a claim of title to or an interest in property, adverse to that of the complainant, is invalid, so that the complainant and those claiming under him may be forever afterward free from any danger of hostile claim. Claiming after judgment of Quieting of title is barred by laches. Coownership when the property belonging to a person is unlawfully taken by another, the former has the right of action against the latter for the recovery of the property. Such right may be transferred by the sale or assignment of the property, and the transferee can maintain such action against the wrongdoer. An action for partition is at once an action for declaration of

Heirs of Seraspi v. CA

Monteroso v. CA

Hulst v. PR Builders

Bunyi v. Factor

Ong v. Republic

People v. Penaflorida

Chua Bruce v. CA

co-ownership and for segregation and conveyance of a determinate portion of the properties involved. A foreigner can legally own a condominium unit as the lands ownership is of the Condominium Corporation and that the foreigner is only a member/stockholder. Possession Possession in the eyes of the law does not mean that a man has to have his feet on every square meter of the ground before he is deemed in possession. One can possess a land even if he does not occupy it as long as he exercise rights of ownership over it. Possession alone is not sufficient to acquire title to alienable lands of the public domain because the law requires possession AND occupation. The law speaks of possession and occupation. Since these words are separated by the conjunction and, the clear intention of the law is not to make one synonymous with the other. Animus Posidendi may be determined through circumstantial or documentary evidence. If a presumption arises, the burden of proof shifts to the person denying such animus posidendi (Intent to posses) Juridical possession means a possession which gives the transferee a right over the thing which the transferee may set up even against the owner. A bank teller only receives cash in favor of the bank with no right to convert such or may even set up against the owner. Physical Possession only.

Easement and Servitudes Fajardo v. Freedom to Deed of Restrictions are valid in so far as they are not Build against the law, morals, public policy and safety. They are regarded as Negative Covenants. Goldcrest v. Cypress Easements can exist also in condominium common areas. Abellana v. CA Easement of a right of way is not acquirable by prescription Bicol Agro v. Obias Art. 622. Continuous non-apparent easements, and discontinuous ones, whether apparent or not, may be acquired only by virtue of a title. Salimbangon v. Tan If the Owner Dominant Estate and the Serviant Estate becomes one and the same, the Easement is cancelled by operation of law. Qunitanilla v. Abangan The criterion of least prejudice to the servient estate must prevail over the criterion of shortest distance. Least prejudice shall be chosen over Shortest distance. Valdez v. Tabisulan A right of way cannot be demanded if the 5 requisites provided in Ar.t 649 and 650 is not present namely: (1) the property is surrounded by other immovables and has no adequate outlet to a public highway; (2) proper indemnity must be paid; (3) the isolation is not the result of the owner of the dominant estates own acts; (4) the right of way claimed is at the point least prejudicial to the servient estate; and (5) to the extent consistent with the

foregoing rule, the distance from the dominant estate to a public highway may be the shortest. Lavista Case Telmo v. Bustamante Palero Tan v. Urdaneta Voluntary Easement shall retain even if an alternate route is made. A nuisance per se is that which affects the immediate safety of persons and property and may be summarily abated under the undefined law of necessity. Whoever finds a movable, which is not treasure, must return it to its previous possessor. If the latter is unknown, the finder shall immediately deposit it with the mayor of the city or municipality where the finding has taken place. The finding shall be publicly announced by the mayor for two consecutive weeks in the way he deems best. If the movables cannot be kept without deterioration, or without the expenses which considerably diminish its value, it shall be sold at public auction eight days after the publication. Six months from the publication having elapsed without the owner having appeared, the thing found, or its value, shall be awarded to the finder. The finder and the owner shall be obliged, as the case may be, to reimburse the expenses.

Florencio v. De Leon