TITLE I – CLASSIFICATION OF PROPERTY

PROPERTY – is considered as an object that which is, or may be, appropriated.

Thing – is broader in scope for it includes both appropriable and non-appropriable objects.
 The word thing is apparently synonymous with the word property.

Classification of Things:
1. Res Nullius – belonging to no one, not appropriated yet
2. Res Communes – belonging to everyone
3. Res Alicujus – belonging to someone

Reclassification Conversion
the act of specifying how agricultural lands the act of changing the current use of a piece of
shall be utilized for non-agricultural uses such agricultural land into some other use as
as residential, industrial, or commercial. approved by the Department of Agrarian
Reform.

Real Properties
The following are immovable property:
1) Land, buildings, roads and constructions of all kinds adhered to the soil;
2) Trees, plants, and growing fruits, while they are attached to the land or form an integral
part of an immovable;
3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be
separated therefrom without breaking the material or deterioration of the object;
4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or
on lands by the owner of the immovable in such a manner that it reveals the intention to
attach them permanently to the tenements;
5) Machinery, receptacles, instruments or implements intended by the owner of the tenement
for an industry or works which may be carried on in a building or on a piece of land, and
which tend directly to meet the needs of the said industry or works;
6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature,
in case their owner has placed them or preserves them with the intention to have them
permanently attached to the land, and forming a permanent part of it; the animals in these
places are included;
7) Fertilizer actually used on a piece of land;
8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters
either running or stagnant;
9) Docks and structures which, though floating, are intended by their nature and object to
remain at a fixed place on a river, lake, or coast;
10) Contracts for public works, and servitudes and other real rights over immovable property.

Personal Properties:
The following things are deemed to be personal property:
1) Those movables susceptible of appropriation which are not included in the preceding
article;
2) Real property which by any special provision of law is considered as personal property;
3) Forces of nature which are brought under control by science; and
4) In general, all things which can be transported from place to place without impairment of
the real property to which they are fixed.
5) Obligations and actions which have for their object movables or demandable sums; and

PROPERTY | NOTES
 6) Shares of stock of agricultural, commercial and industrial entities, although they may have
real estate.

Movable property is either consumable or non-consumable.

Consumables – this cannot be used according to its nature without it being consumed.
Non-consumables – other kind of movable property which are not consumed.

Fungible – properties which can be replaced by another with the same or equal quality or
quantity.
Non-fungible – irreplaceable.

PUBLIC DOMINION
Ownership of the State in that the State has control and administration.

Kinds of property of Public Dominion

1. Public use – may be used by anybody
2. Public service – may be used only by duly authorized person)
3. Development of National wealth

Public domain are those intended for public use:

a. Roads
b. Canals
c. Rivers
d. Torrents
e. Ports and bridges
f. Banks
g. Shores
h. Roadsteads
i. Others of similar character
j. Patrimonial property

Characteristics of Properties of Public Dominion:

1. Outside the commerce of men, and cannot be leased, donated, sold, or be the object of any
contract.
2. Cannot be acquired by prescription.
3. Cannot be registered under the Land Registration Law and be subject of a Torrens Title.
4. Cannot be levied upon by execution, nor can they be attached.
5. They can be used by everybody.
6. They may be either real or personal property.

PATRIMONIAL PROPERTY
Those which belong to the State, without being for public use, and are intended for some public
service or for the development of the National Wealth of the Local Government.
 Patrimonial properties may be acquired by private individuals or corporations through
prescription.
 Public dominion no longer intended for public use or service shall form part of the
patrimonial property of the state.

PROPERTY | NOTES
Properties of Provinces, Cities and Municipalities are divided into property for public use
and patrimonial property
 An express declaration from the State that the property is no longer for public use is needed
for it to become material.

Public use:
a. Provincial roads
b. City streets
c. Municipal streets
d. The squares
e. Fountains
f. Public waters
g. Promenades
h. Public works for public service (paid by the said provinces, cities, or municipalities)

 Properties for public use may not be leased to private individuals. If possession has already
been given, the lessee must return the possession to the municipality, which in turn must
reimburse him for whatever advanced rentals had been given.
 If private land is donated to a town and made into a plaza. The property becomes for public
use, and may not in turn be donated by the town to the church, nor can the church acquire
ownership over it by prescription, for a town plaza is outside the commerce

Patrimonial: all other property possessed by any of them governed by this code, without prejudice
to the provisions of special laws.

PRIVATE OWNERSHIP
Properties belonging to private person, either individually or collectively.

TITLE II – OWNERSHIP

OWNERSHIP
Is the independent and general right of a person to control a thing particularly in his possession,
enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the state
or private persons, without prejudice to the provisions of the law.

Kinds of Ownership
1. Full Ownership – this includes all the rights of the owner.
2. Naked Ownership – this is an ownership where the right to the use of the fruits has
been denied.
Note:
a. Naked Ownership + Usufruct = Full Ownership
b. Full Ownership – Naked Ownership = Usufruct
c. Full Ownership – Usufruct = Naked Ownership

3. Sole Ownership – ownership is vested in only one person.

4. Co-ownership – ownership is vested to two or more owners.

Limitations on Ownership:
a) Those given by the state

PROPERTY | NOTES
 b) Those given by the owner himself
c) Those given by the person who gave the thing to its present owner

Rights of an Owner:
 Right to enjoy and dispose of a thing, without other limitations than those established
by law.
 Right of action against the holder and possessor of the thing in order to recover it.

Actions to Recover
1. REPLEVIN – an action to recover the possession of personal property.

Note: Machinery and equipment cannot be the subject of replevin, they are considered real
property.

Proof of ownership in Replevin:

a. Provide an affidavit stating:
i. That he is the owner of the property claimed, particularly describing it, or is
entitled to the possession thereof.
ii. That the property is wrongfully detained, alleging the cause of detention
according to the best of his knowledge, information and belief.
iii. That it has not been distrained or taken for a tax assessment.
iv. The actual market value of the property.
b. Applicant must give a bond

2. FORCIBLE ENTRY and UNLAWFUL DETAINER

FORCIBLE ENTRY UNLAWFUL DETAINER
Definition
Action to recover materials or physical Action to recover when possession by a
possession of real property when a person landlord, vendor, vendee or other person of
originally in possession was deprived by any land or building is being unlawfully
FISTS – force, intimidation, strategy, threat, withheld after the expiration or termination
or stealth. of the right to hold possession, by virtue of a
contract, express or implied.

Prescription
Within 1 year from the dispossession, or Within 1 year from the time possession
from the time of DISCOVERY of such becomes unlawful.
strategy or stealth.

Possession
Unlawful from the very beginning. Lawful in the beginning, but becomes
unlawful afterwards

Rules on Unlawful Detainer

 A person or squatter who occupies the land of another at the latter’s tolerance
or permission, without any contract between them, it is implied that there is a
contract between them.

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 Prescriptive Period for Unlawful Detainer
1. Lease contact with a period – within 1 year from the expiration of the lease.
2. Lease contract is implied – within 1 year from the date of demand to vacate.
3. Lease contract without a period – within 1 year from the date of demand to vacate.
4. Article 1682 – Lease of rural lands without a period – all the time necessary for
the gathering of the fruits which the whole estate leased may yield in one year.
5. Article 1687 – Lease contract without a period, it is understood that if the rent
agreed upon is:
a. Annual: from year to year
b. Monthly: from month to month
c. Weekly: from week to week
d. Daily: from day to day

3. ACCION PUBLICIANA – an action for the recovery of the better tight to possess, and is
a plenary action in an ordinary civil proceeding before the RTC.
Prescription period: Must be filed within 10 years

Two kinds of Accion Publiciana

a) The entry was not obtained through FISTS
b) 1 year period already expired for unlawful detainer or forcible entry

4. ACCION REIVINDICATORIA – an action to recover ownership over real property.

 Jurisdiction of the RTC, where the real estate is situated.
Prescriptive period: Must be filed within 10 years (good faith) or 30 years
(bad faith)
 The issue involved is ownership

WRIT OF INJUNCTION
A writ to restore possession to a person who is deprived of his possession thru forcible entry.

Instances to issue injunction

a) If the owner, still in possession, desires to prevent intrusions into his property by a
stranger.
b) If the defender has already entered into possession through FISTS or about to commit
a new incursion and usurpation by the same means.
c) If a person in possession of the real property in concepto de dueno for over a year.

WRIT OF POSSESSION
An order directing the sheriff to place a successful registrant under the Torrens System in
possession of the property covered by a decree of the court.
 Cannot be used against the party in whose favor the land has been declared to
be registered or representatives or successor in interest.
 Against person defeated in the registration case and anyone unlawfully occupying
the land during the proceedings up to the issuance of the final decree.

Doctrine of Self-help
The right to counter, he may use such force as may be reasonably necessary to repel or prevent an
actual or threatened unlawful physical invasion or usurpation of his property.

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 Exception: the owner of the thing has no right to prohibit the interference of another with
the same, if the interference is necessary to avert an imminent danger and the threatened
damage is much greater, compared to the damage arising to the owner from the
interference. The owner may demand from the person benefited indemnity for the damage
to him.

SURFACE RIGHTS
A person who owns a piece of land, it is understood that he also owns its surface, up to the
boundaries of the land, with the right to make allowable constructions, plantings, and excavations.

Limitations of Surface Rights

a) Servitudes or easements
b) Special laws
c) Ordinances
d) Reasonable requirements of aerial navigation
e) Principles on human relations and the prevention of injury to the rights of third
persons.
f) Regalian Doctrine

HIDDEN TREASURE
Any hidden and unknown deposits of money, jewelry, or other precious objects, the lawful
ownership of which does not appear.
Exception: When the owner has an intent to recover the thing (not considered hidden
treasure)

Rules on the discovery of hidden treasure:

a) Treasure found in one’s own property – the owner alone owns the treasure, if
married, the treasure belongs to the conjugal partnership.
b) Treasure found on another’s property – the finder will be entitled to half, the
discovery of another’s property must be “by chance”
c) Treasure found by trespassers – the finder is not entitled to any share of the
treasure.
d) Treasure found under Government Property – The finder will be entitled to half
and the other half to the municipality.
e) Hired Treasure Hunter – will get nothing as the treasure is concerned. He will only
get his salary or wages, or what is stipulated in his contract agreement.

Scientifically or Artistically valuable hidden treasures – the finder’s half has to be

given to the municipality or state, who in turn will give him a just price thereof.

ACCESSION
Is the right of a property owner to everything which is:
a) Produced thereby (accession discreta)
b) Or which is incorporated or attached thereto, either naturally or artificially, which in turn
is divided into:
Natural accession (accession natural)
Artificial accession (accession artificial or industrial)

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Characteristics of Accession
Accession Discreta, Accession Continua and Accession Natural

ACCESSION DISCRETA– (to the fruits) for one who owns a thing should justly enjoy its fruits

Types of Fruits:
a) Natural Fruits
 Spontaneous products of the soil; as long as there is no human intervention
eg. Herbs, common grass
 The young and other products of animals; the owner of the female animal has
the right to the young. Unless stipulated.
eg. Chicks and chicken eggs
b) Industrial Fruits
 Those produced by lands of any kind thru cultivation or labor.
 Note: canned goods or manufactured products are NOT Industrial Fruits
c) 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.
 Note: Insurance are NOT included as Civil Fruits

ACCESSION CONTINUA
Rights, Obligations and Liabilities of the parties.

ARTICLE 447

I. Land Owner (GF) + Owner of the Materials (GF)

LO must pay the OM for the value of the materials
Limited right of removal
If OM removes the materials (without destruction); LO will no longer pay

II. Land Owner (BF) + Owner of the Materials (GF)

OM has the absolute right of removal (with destruction)
OM may demand the value of the material
OM is entitled for Damages

III. Land Owner (GF) + Owner of the Materials (BF)

OM loses his right to the materials
LO is entitled to consequential damage if the materials is inferior quality

ARTICLE 448-454

1. Land Owner (GF) and Builder/Planter/Sower (GF)

LO has the right to choose:
1. LO may appropriate the construction + pay BPS of any necessary, useful and
luxurious expenses; or

Condition: BPS is entitled to retain possession of the construction until paid

PROPERTY | NOTES
 2. LO may require BPS to:
i. Buy the land; or

Condition: if BPS fails to pay, LO can compel to remove the building

or may recover a sum of money from BPS

ii. Pay rents (if the value of the land is considerably more than the value
of the construction)
3. If the LO cannot decide – the court may fix the term

2. Land Owner (GF) + Builder/Planter/Sower (BF)

LO may appropriate without payment
LO may demolish the construction at the expense of the BPS
LO may compel Builder to buy the land; Sower to pay rents
LO is entitled damages
BPS loses what he had built, plant or sowed
BPS is entitled for necessary expenses for the preservation of the land

3. Land Owner (BF) + BPS (GF)

“BPS has the absolute right of removal
BPS may demand the value of the material
BPS is entitled for Damages”

ARTICLE 455

1. Owner of the Material (GF)

OM is entitled of reimbursement from BPS
LO is subsidiarily liable if:
i. OM is insolvent
ii. LO will appropriate the building
iii. BPS is in GF (expn LO is in BF – Art. 447 II)

2. Owner of the Materials (BF)

OM loses his right to the materials
OM is liable to consequential damage if the materials is inferior quality

ACCESSION NATURAL
Forms: Alluvium, Avulsion, Change of course of river, Formation of Islands

1) Alluvium – the soil deposited or added to the lands adjoining the banks of rivers, and
gradually received as an effect of the current of the waters.
Accretion – is the process whereby the soil is deposited.

Elements:
a. The deposit shall be gradual and imperceptible
b. Cause is the current of the river
c. Current must be that of a river

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 d. The river must continue to exist
e. The increase must be comparatively little

Reasons why Alluvium is Granted to Riparian Owners

a. To compensate him for the loss he may suffer due to erosion of the destructive
force of the water and danger from floods
b. To compensate him because the property is subject to encumbrances and legal
easements
c. The interest of agriculture require that the soil be given to the person who is in
the best position to cultivate the same.
d. There is no certainty from whom the soil came from, it may just as well be
logically given to him who can best utilize the property

 Accretion on the Bank of the lake – it belongs to the owner of the state to which they
have been added.
 Accretion on the Bank of an Island formed in a non-navigable river – It belongs to the
owner of the island.
 Accretion on a Sea Bank – it belongs to the public domain

2) Avulsion – the process whereby current of a river, creek, or torrent segregates from an
estate on its bank a known portion of land and transfers it to another estate.

River – a natural stream of water, of greater volume than a creek or rivulet flowing,
in a more or less permanent bed or channel, between defined banks or walls, with
a current which may either continuous in one direction of affected by the ebb and
flow of the tide.

Creek – a small stream and less than a river; a recess or inlet in the shore of a river,
and not a separate or independent stream.

Torrent – a violent, rushing, or turbulent stream.

Alluvium Avulsion
The deposit of the soil is gradual Sudden or abrupt process may be seen
Soil cannot be identified Identifiable or verifiable
Belongs to owner of property to which it is Belongs to owner from whose property it
attached was detached

Rule of Uprooted Trees

 Trees uprooted and carried away by the current of the waters belongs to the owner
of the land.
 The owners of the lands must claim the uprooted trees within 6 months.
 For such claim, they shall pay the expenses incurred in gathering them or
putting them in a safe place.
 If the trees have been transported by the owner of the land which they have been
cast on his own land – ownership still pertains to the person who lost the trees
provided that the claim was made properly.

PROPERTY | NOTES
 3) Change of course of rivers
 River beds which are abandoned through the natural change in the course of the
waters ipso fact belong to the owners whose lands are occupied by the new course
in proportion to the area lost. (Ipso Facto – the rule applies by the mere fact of the
occurrence of a natural change in the course of the waters)
 The owners of the land adjoining the old bed shall have the right to acquire the
same by paying the value thereof, which value shall not exceed the value of the
area occupied by the new bed.

Requisites:
a. The change must be sudden in order that the old river bed may be
identified.
b. The changing of the course must be more or less permanent, and not
temporary over flooding of another’s land.
c. The change of the river must be a natural one.
d. There must be a definite abandonment by the Government.
e. The river must continue to exist, it must not completely dry up or
disappear.

 If a new river bed is on a private estate – the bed becomes the property of public
dominion, just as the old bed had been of public dominion before the abandonment.
 If a new river bed is itself abandoned – the owner of the land flooded by the new
change of course would own the newly abandoned bed.
o If the river goes back to its course – the owner of the land originally
flooded would get back the ownership of the land which had lost.
 If river divides itself into branches – the owner of the land retains his ownership.
He also retains it if a portion of land is separated from the state by the current.

4) Formation of Islands
a. Formed on the sea:
i. Under the jurisdiction of the Philippines – State
ii. Outside territory – the first country to effectively occupy the same
b. Formed on lakes, or navigable/floatable rivers – State
c. Formed on non-navigable/non-floatable rivers:
i. If nearer to one bank – owner of the nearer margin is the sole owner
ii. If equidistant – the island is divided longitudinally in halves

ADJUNCTION
Is the process by virtue of which two movable things belonging to different owners are united in
such a way that they form a single object.

Test to determine which is the principal

a. That to which the other has been united as an ornament, or for its use, or perfection
b. That of greater value
c. That of greater volume
d. That which has the greater merit – from the combined consideration of utility and
volume.

PROPERTY | NOTES
  Accessory: in paintings, sculptures, writings, printed, matter, engraving and
lithographs – the board, metal, stone, canvas, paper or parchment shall be deemed the
accessory.
 Separation without injury apply only to soldering and inclusion because all the rest
would result in substantial injury.

 Indemnity how paid –

o By delivery of a thing equal in kind and value.
o Payment of price as appraised by experts

 The right to indemnity applies only if materials was employed without the
owner’s consent. The materials may have been the principal or the
accessory.

MIXTURE
The combination or union of materials where the respective identities of the component elements
are lost.

Kinds of Mixture:
1. Commixtion (if solids are mixed)
2. Confusion (if liquids are mixed)

 If the mixture is caused in GOOD faith, or will of both owners, or by

chance, or by common agent – the result is co-ownership.
 If the mixture is made by one owner who is in BAD faith:
a. He loses his material (in favor of the other)
b. He is liable for damages

 When the thing mixed or confused are of exactly the same kind, quantity, and
quality, all that is needed would be to divide the mixture into two equal parts.

SPECIFICATION
Is the giving of a new form to another’s material through the application of labor.

1. If the worker (principal) is in good faith – he appropriates the new thing but he must
indemnify for the materials

Exception: if the material (accessory) is more precious than the new thing / is more
valuable – the owner of the material has the option:
a. To get the new thing but he pays for the work; or
b. To demand indemnity for the material

2. If the worker is in bad faith, the owner of the material has the option:
a. To appropriate the work without paying for the labor; or
b. He can demand indemnity for the material plus damages

PROPERTY | NOTES
 Adjunction Mixture Specification
Involves at least 2 things Involves at least 2 things May involve only 1 thing
(maybe more) but form is
changed
As a rule, accessory follows As a rule, co-ownership As a rule, accessory follows
the principal results the principal
The thing joined retain their The thing mixed or confused The new object retains or
nature may either retain or lose their preserves the nature of the
respective natures original object.

 Consideration of sentimental value – a thing for sentimental reasons may be worth

much more than its actual value

QUIETING OF TITLE
An action to remove such cloud on the title to real property or any interest, by reason of any
instrument, record, claim, encumbrance or proceeding which is apparently valid of effective but is
in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said
title.

Existence of the Cloud:

a. Because of an instrument (deed or contract), record, claim, encumbrance or proceeding
b. Because it is apparently valid and effective
c. But is invalid, ineffective, voidable, or unenforceable, or extinguished or barred by
extinctive prescription
d. And may be prejudicial to the title

Reasons for allowing the action:

a. The prevention of litigation
b. The protection of the true title and possession
c. The promotion of right and justice

Rights of a property owner to have clouds eliminated

a. That their respective rights be determined
b. Not only to place things in their proper place to make the one who has no rights to said
immovable respect and not disturb the other
c. But also for the benefit of both
d. So that he who has the right would see every cloud of doubt over the property
dissipated
e. He could afterwards without fear introduce the improvements he may desire, to use,
and even to abuse the property as he deemed best

Doctrines where it was held – existed a cloud over the title

 An agent, with the written authority of his principal to sell the latter’s property, sold
the same after the death of the principal but antedated the contract of sale
 If the contract is forged
 A contract by an incapacitated person
 A mortgage valid on its force and will cause prejudice although in reality invalid

PROPERTY | NOTES
 Does the action prescribe?
If the plaintiff is in possession of the property If the plaintiff is not in possession of the
property
It does not prescribe because he has a It prescribe
continuing right to be given aid by the court to If brought within the period of limitation – it
ascertain and determine the nature of such may be barred by LACHES, there is no excuse
claim and its effect on his title, or to assert any offered for the failure to assert the title sooner.
superior equity in his favor.
If somebody else has possession – the period
of prescription for the recovery of the land is
either 10 or 30 years depends on
ordinary/extraordinary prescription.

If brought within the prescriptive period – the

action may no longer prosper if there has been
an unreasonable or unjustified delay in filing
the suit; estoppel by laches

.TITLE III – CO-OWNERSHIP

CO-OWNERSHIP
Is that state where an undivided thing or right belongs to two or more persons.

What governs co-ownership? (Hierarchal)

a. Contracts
b. Special legal provisions
c. Provisions of the title on co-ownership

Sources of Co-ownership
a. By law
b. Contract
c. Chance
d. Occupation
e. Succession

Characteristics of Co-Ownership
1) There must be more than one subject or ownership
2) There is one physical whole divided into IDEAL shares
3) Each Ideal shares is definite in amount, but not physically segregated from the rest
4) Regarding the physical whole, each co-owner must respect each other in the common
use, enjoyment, or preservation of the physical whole
5) Regarding IDEAL shares, each co-owner holds almost absolute control over the same
6) It is not a juridical person
7) A co-owner is in a sense a trustee for the other co-owners

Right to use the property

 Each co-owner has the right to use the property for the purpose intended
 The interest of the co-ownership must not be injured or prejudiced
 Co-owners must not be prevented from using it

PROPERTY | NOTES
  Any co-owners may bring an action in ejectment and the suit is deemed to be instituted for
the benefit of all, without the owners actually giving consent to the suit.
 Forcible entry
 Unlawful detainer
 Accion publiciana
 Accion reivindicatoria
 Quieting of title
 Replevin

PARTITION
Is the purpose for the separation, division, or assignment of things held in common, among the
people to whom they may belong. (Partition is a process whereby the co-owners shall receive their
respective shares after by mutual accounting, mutual reimbursement and mutual warranties.)

Rules on Partition
a. The right to demand partition never prescribes, as long as the co-ownership still
remains
b. Each owner may demand at any time the partition of the thing owned in common,
insofar as his share is concerned
c. GENERALLY, a co-owner may not require exclusive ownership of common property
through prescription, and that a co-owner is a trustee for the other co-owners

Cant demand partition

1. By agreement

Prohibition of Partition because of an agreement

a. The period must extend not more than 10 years
b. If it exceeds 10 years, the stipulation is valid only insofar the first 10 years
is concerned
c. There can be an extension, but only after the original period expired
d. After the first extension, there can be another, as long the period of 10
years does not exceed
e. Even with agreement, follow the 10 year period
f. A perpetual prohibition should be considered void as against public policy,
but in such cases, it is believed that it should be considered valid, for the
first 10 years.

2. Partition by a donor or testator – from whom the property came. (20 years)
3. Prohibition by law
4. When a physical partition would render the property unserviceable, But the property
may be alloted to one – of the co-owners, who shall indemnify the other, or sold, and
proceeds distributed.

 Physical partition is prejudicial – the land will be given to one co-owner who should
reimburse the rest, unless one asks that a public sale is made
 Effectivity of the partition made by the commissioners – approved by the court
 Who pays the costs – the parties, including the compensation of the commissioners

PROPERTY | NOTES
REPUDIATION
Is an act where a co-owner may exempt himself from bis duty to reimburse by renouncing. So much
of his undivided share as may be equivalent to his share of the expenses and taxes.

Renouncing – abandoning for the benefit of others

Requirements:
 Creditor must give his consent – needed only if the expenses have already
been incurred, otherwise there would as yet be no creditors.
 Co-owners – a novation would result; necessitating the consent of said
other co-owners and of the creditors.
o Novation – in the form of substitution of debtor

Note: renunciation cannot be implied, creditors can still collect from the delinquent co-
owners

Consent of Co-owners:
 Repars, ejectment Action – 1 co-owner
 Alteration or acts of ownership – all
 Embellishments – financial majority

PERPENDICULAR CO-OWNERSHIP
Where all the floors and everything else belong to all co-owners. (Different stories belong to
different persons)

Rules of Perpendicular Co-ownership

a. Proportionate contribution is required for the preservation of:
1. The main walls
2. The party walls
3. The roof
4. The other things used in common
b. Each floor owner must bear the expenses of his floor
c. Stairs are to be maintained from story to story, by the users

ALTERATION
Is a change
a) Which is more or less permanent
b) Which changes the use of the thing
c) Which prejudices the condition of the thing or its enjoyment by the other
Note: an alteration is illegal when made without the express or implied consent of the other
co-owners.

Effects of illegal alteration

 The co-owner responsible may lose what he has spent
 Donation can be compelled
 He would be liable for losses and damages
 But whatever benefits the co-ownership derives will belong to it
 In case a house is constructed on common lot, all the co-owners will be entitled to
a proportionate share of the rent

PROPERTY | NOTES