Art. 486. 666. Whenever it consists in the enjoyment of benefits accruing from a participation in any industrial or commercial enterprise, the date of the distribution of which is not fixed, such benefits shall have the same character. Apparent easements are those which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the same. Art. (413), Art. 597. The possession of real property presumes that of the movables therein, so long as it is not shown or proved that they should be excluded. If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe place. Art. (539), Art. Lapse of time cannot legalize any nuisance, whether public or private. (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. Nevertheless, the owner of the tenement or property adjoining the wall in which the openings are made can close them should he acquire part-ownership thereof, if there be no stipulation to the contrary. – Solutio Indebiti. Art. (521), Art. Should the thing in usufruct be expropriated for public use, the owner shall be obliged either to replace it with another thing of the same value and of similar conditions, or to pay the usufructuary the legal interest on the amount of the indemnity for the whole period of the usufruct. 439. (n), Art. If the owner does not wish that certain articles be sold because of their artistic worth or because they have a sentimental value, he may demand their delivery to him upon his giving security for the payment of the legal interest on their appraised value. 581. Article 8 1. (454), Art. To remain in a co-ownership would be to subject a person to the desires of the rest. The interest on the indemnity shall be deemed to be in payment of rent for the use of the easement. The Civil Code comprises a body of rules which, in all matters within the letter, spirit or object of its provisions, lays down the jus commune, expressly or by implication.In these matters, the Code is the foundation of all other laws, although other laws may complement the Code or make exceptions to it. By ordinary repairs are understood such as are required by the wear and tear due to the natural use of the thing and are indispensable for its preservation. (370a), Art. For determining what titles are subject to inscription or annotation, as well as the form, effects, and cancellation of inscriptions and annotations, the manner of keeping the books in the Registry, and the value of the entries contained in said books, the provisions of the Mortgage Law, the Land Registration Act, and other special laws shall govern. The Louisiana Civil Code; Article 694. 554. If the owner should make the extraordinary repairs, he shall have a right to demand of the usufructuary the legal interest on the amount expended for the time that the usufruct lasts. Easements are inseparable from the estate to which they actively or passively belong. (354a), Art. 690. In default thereof, the easement shall be governed by such provisions of this Title as are applicable thereto. The usufructuary is obliged to make the ordinary repairs needed by the thing given in usufruct. The provisions of the preceding article are applicable to the case in which it may be necessary to clear a piece of land of matter, whose accumulation or fall may obstruct the course of the waters, to the damage or peril of third persons. Art. August 20, 2017 ARTICLE 29 When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. 524. (410), Art. (553a), Art. (511), Art. Article 527 of the Civil Code presumes good faith, and since no proof exists to show that the mistake was done by petitioners in bad faith, the latter should be presumed to have built the house in good faith. 675. (336a). 548. 541. The principal thing, as between two things incorporated, is deemed to be that to which the other has been united as an ornament, or for its use or perfection. Only the possession acquired and enjoyed in the concept of owner can serve as a title for acquiring dominion. 567. Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance, one-half thereof shall be allowed to the finder. Civil Code of the Philippines Miyerkules, Oktubre 5, 2011. Art. (443), Art. He need not be in possession of said property. Should this requirement be not first complied with, the courts shall protect and, in a proper case, restore the owner in his possession. 683. The owner of the dominant estate cannot use the easement except for the benefit of the immovable originally contemplated. With the exception of the provisions of the preceding paragraphs, the usufructuary cannot cut down trees unless it be to restore or improve some of the things in usufruct, and in such case shall first inform the owner of the necessity for the work. Notarial Will – Article 805 and 806 of the Civil Code. 467. To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters. But it is necessary: (1) That demand be first made upon the owner or possessor of the property to abate the nuisance; (3) That the abatement be approved by the district health officer and executed with the assistance of the local police; and. 437. Each co-owner may use the thing owned in common, provided he does so in accordance with the purpose for which it is intended and in such a way as not to injure the interest of the co-ownership or prevent the other co-owners from using it according to their rights. (469), Art. 428. 648. (451). (346a). A nuisance is any act, omission, establishment, business, condition of property, or anything else which: (378). (379a), Art. (n). If the dominant estate belongs to several persons in common, the use of the easement by any one of them prevents prescription with respect to the others. (348a), Art. (5) Hinders or impairs the use of property. Art. (376). 471. 530. 463. (465), Art. Usufruct cannot be constituted in favor of a town, corporation, or association for more than fifty years. The usufructuary may make on the property held in usufruct such useful improvements or expenses for mere pleasure as he may deem proper, provided he does not alter its form or substance; but he shall have no right to be indemnified therefor. (380), Art. Any one of the latter may exempt himself from this obligation by renouncing so much of his undivided interest as may be equivalent to his share of the expenses and taxes. 694. 665. These contracts are enumerated under Chapter 8, Articles 1403 paragraph (2) of the Civil Code of the Philippines. Art. Possession as a fact cannot be recognized at the same time in two different personalities except in the cases of co-possession. (393a), Art. (516). (484a). Should the co-ownership cease by reason of the division of the thing held in common, the usufruct of the part allotted to the co-owner shall belong to the usufructuary. (520), Art. 480. The plaintiff must have legal or equitable title to, or interest in the real property which is the subject matter of the action. Art. 615. 11. If by the will of only one owner, but in good faith, two things of the same or different kinds are mixed or confused, the rights of the owners shall be determined by the provisions of the preceding article. Waters artificially brought forth in accordance with the Special Law of Waters of August 3, 1866, belong to the person who brought them up. (372a), Art. 0f22e1f4-1eb6-457f-ba6d-77bb704fd9aa.png. Art. (557). One desiring to make use of the right granted in the preceding article is obliged: (1) To prove that he can dispose of the water and that it is sufficient for the use for which it is intended; (2) To show that the proposed right of way is the most convenient and the least onerous to third persons; (3) To indemnify the owner of the servient estate in the manner determined by the laws and regulations. There shall be no majority unless the resolution is approved by the co-owners who represent the controlling interest in the object of the co-ownership. The provisions of Article 670 are not applicable to buildings separated by a public way or alley, which is not less than three meters wide, subject to special regulations and local ordinances. The Family Code Of The Philippines Titles I, II, VI, VII, VII, X, XI, XII July 6, 1987 I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and promulgate the Family Code of the Philippines, as follows: TITLE I MARRIAGE Chapter 1. All the owners who participate in the benefits arising from the works referred to in the two preceding articles, shall be obliged to contribute to the expenses of construction in proportion to their respective interests. 678. (445a), Art. The principles of the general law on the quieting of title are hereby adopted insofar as they are not in conflict with this Code. The title and, in a proper case, the possession of an easement acquired by prescription shall determine the rights of the dominant estate and the obligations of the servient estate. (560), Art. No co-owner shall be obliged to remain in the co-ownership. (442), Art. 61a48365-61f2-4f9d-8189-27e413ae863d.jpeg. Art. (592), Art. 628. The width of the easement of right of way shall be that which is sufficient for the needs of the dominant estate, and may accordingly be changed from time to time. (359), Art. Compulsory easements for drawing water or for watering animals can be imposed only for reasons of public use in favor of a town or village, after payment of the proper indemnity. 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. Art. 555. The legal easement of lateral and subjacent support is not only for buildings standing at the time the excavations are made but also for constructions that may be erected. Whenever for the diversion or taking of water from a river or brook, or for the use of any other continuous or discontinuous stream, it should be necessary to build a dam, and the person who is to construct it is not the owner of the banks, or lands which must support it, he may establish the easement of abutment of a dam, after payment of the proper indemnity. The court shall decide the motion within thirty (30) days from the filing thereof. No person shall build any aqueduct, well, sewer, furnace, forge, chimney, stable, depository of corrosive substances, machinery, or factory which by reason of its nature or products is dangerous or noxious, without observing the distances prescribed by the regulations and customs of the place, and without making the necessary protective works, subject, in regard to the manner thereof, to the conditions prescribed by such regulations. (581a). (421), Art. Each co-owner may demand at any time the partition of the thing owned in common, insofar as his share is concerned. A possessor in good faith shall not be liable for the deterioration or loss of the thing possessed, except in cases in which it is proved that he has acted with fraudulent intent or negligence, after the judicial summons. 625. 590. (519), Art. No windows, apertures, balconies, or other similar projections which afford a direct view upon or towards an adjoining land or tenement can be made, without leaving a distance of two meters between the wall in which they are made and such contiguous property. (449), Art. Art. (381). But the consent given by one of the co-owners separately from the others shall bind the grantor and his successors not to prevent the exercise of the right granted. This provision shall also apply in case of the division of a thing owned in common by two or more persons. Any one who does not wish to contribute may exempt himself by renouncing the easement for the benefit of the others. Enclosed estate; voluntary alienation or partition. In all cases of dangerous buildings, except those covered by Article 482 and 694 to 707 of the Civil Code of the Philippines, the Building Official shall order their repair, vacation, or demolition in accordance with the following procedure: 459. 553. (546a), Art. Art. Art. Expenses to improve or embellish the thing shall be decided upon by a majority as determined in Article 492. (n). Art. 693. CC0694 CC_0694-0707 Republic Act No. 499. The owners of estates adjoining ponds or lagoons do not acquire the land left dry by the natural decrease of the waters, or lose that inundated by them in extraordinary floods. (548), Art. (418), Art. 443. No such waiver shall be made if it is prejudicial to the co-ownership. Possession may be exercised in one's own name or in that of another. The owner has also a right of action against the holder and possessor of the thing in order to recover it. 470. (n), Art. In painting and sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing. If a civil action is brought by reason of the maintenance of a public nuisance, such action shall be commenced by the city or municipal mayor. Article 992 of the New Civil Code was the subject of Tuesday’s oral argument. 659. A possessor may lose his possession: (2) By an assignment made to another either by onerous or gratuitous title; (3) By the destruction or total loss of the thing, or because it goes out of commerce; (4) By the possession of another, subject to the provisions of Article 537, if the new possession has lasted longer than one year. Possession may be acquired by the same person who is to enjoy it, by his legal representative, by his agent, or by any person without any power whatever: but in the last case, the possession shall not be considered as acquired until the person in whose name the act of possession was executed has ratified the same, without prejudice to the juridical consequences of negotiorum gestio in a proper case. (1) Whenever in the dividing wall of buildings there is a window or opening; (2) Whenever the dividing wall is, on one side, straight and plumb on all its facement, and on the other, it has similar conditions on the upper part, but the lower part slants or projects outward; (3) Whenever the entire wall is built within the boundaries of one of the estates; (4) Whenever the dividing wall bears the burden of the binding beams, floors and roof frame of one of the buildings, but not those of the others; (5) Whenever the dividing wall between courtyards, gardens, and tenements is constructed in such a way that the coping sheds the water upon only one of the estates; (6) Whenever the dividing wall, being built of masonry, has stepping stones, which at certain intervals project from the surface on one side only, but not on the other; (7) Whenever lands inclosed by fences or live hedges adjoin others which are not inclosed. One who validly renounces an inheritance is deemed never to have possessed the same. Article 494 Art. Nonapparent easements are those which show no external indication of their existence. However, the owners of the lands 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. 449. 543. Art. He may, however, remove such improvements, should it be possible to do so without damage to the property. 623. 579. 694. Art. (444), Art. Art. 451. 710. The 1947 Code Commission started working on May 8, 1947 and ended on December 15, 1947. The existence of an easement of party wall is presumed, unless there is a title, or exterior sign, or proof to the contrary: (1) In dividing walls of adjoining buildings up to the point of common elevation; (2) In dividing walls of gardens or yards situated in cities, towns, or in rural communities; (3) In fences, walls and live hedges dividing rural lands. 671. (369a), Art. (507). 589. (534). Art. Personal rights pertaining to third persons against the co-ownership shall also remain in force, notwithstanding the partition. If the woodland is a copse or consists of timber for building, the usufructuary may do such ordinary cutting or felling as the owner was in the habit of doing, and in default of this, he may do so in accordance with the custom of the place, as to the manner, amount and season. (569a). Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate, establishing a permanent passage, the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate. Every part-owner of a party wall may use it in proportion to the right he may have in the co-ownership, without interfering with the common and respective uses by the other co-owners. 558. Expenses for pure luxury or mere pleasure shall not be refunded to the possessor in good faith; but he may remove the ornaments with which he has embellished the principal thing if it suffers no injury thereby, and if his successor in the possession does not prefer to refund the amount expended. Code civil > Section 2 : Comment s'établissent les servitudes (Articles 690 à 696) > Article 694 461. Art. Any one of the co-owners may bring an action in ejectment. 13 Replies. 686. (383a), Art. 577. Discontinuous easements are those which are used at intervals and depend upon the acts of man. (540a), Art. If the usufruct be constituted on a flock or herd of livestock, the usufructuary shall be obliged to replace with the young thereof the animals that die each year from natural causes, or are lost due to the rapacity of beasts of prey. 540. Art. He is deemed a possessor in good faith who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it. Whenever the current of a river divides itself into branches, leaving a piece of land or part thereof isolated, the owner of the land retains his ownership. (334a). CIVIL CODE OF QUÉBEC C I V I L C O D E 1 2D e c e m b e r 1 8, 1 9 9 1 0 1J a n u a r y 0 1 1 9 9 4 PRELIMINARY PROVISION The Civil Code of Québec, in harmony with the Charter of human rights and freedoms (chapter C-12) and the general principles of law, … The cost of repairs and construction of party walls and the maintenance of fences, live hedges, ditches, and drains owned in common, shall be borne by all the owners of the lands or tenements having the party wall in their favor, in proportion to the right of each. 580. Without prejudice to rights legally acquired, the animal path shall not exceed in any case the width of 75 meters, and the animal trail that of 37 meters and 50 centimeters. 544. Easements are indivisible. Art. 481. Art. If either one of the owners has made the incorporation with the knowledge and without the objection of the other, their respective rights shall be determined as though both acted in good faith. In no case may possession be acquired through force or intimidation as long as there is a possessor who objects thereto. The owner may demand from the person benefited indemnity for the damage to him. (515a), Art. 510. (407). Usufruct may be constituted on the whole or a part of the fruits of the thing, in favor of one more persons, simultaneously or successively, and in every case from or to a certain day, purely or conditionally. 533. In the absence of regulations, such precautions shall be taken as may be considered necessary, in order to avoid any damage to the neighboring lands or tenements. The owner of a parcel of land is the owner of its surface and of everything under it, and he can construct thereon any works or make any plantations and excavations which he may deem proper, without detriment to servitudes and subject to special laws and ordinances. The banks of rivers and streams, even in case they are of private ownership, are subject throughout their entire length and within a zone of three meters along their margins, to the easement of public use in the general interest of navigation, floatage, fishing and salvage. 557. 610. 654. The Civil Code of the Philippines is the product of the codification of private law in the Philippines. The titles of ownership, or of other rights over immovable property, which are not duly inscribed or annotated in the Registry of Property shall not prejudice third persons. Any stipulation permitting distances less than those prescribed in Article 670 is void. In both cases, the public highway must substantially meet the needs of the dominant estate in order that the easement may be extinguished. 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. This Act shall be known as the "Civil Code of the Philippines." Article 1933. Likewise, each co-owner shall pay for damages caused by reason of his negligence or fraud. (480), Art. 518. The plaintiff must return to the defendant all benefits he may have received from the latter, or reimburse him for expenses that may have redounded to the plaintiff's benefit. 619. The right to make use of public waters is extinguished by the lapse of the concession and by non-user for five years. If the owner of a building, supported by a party wall desires to demolish the building, he may also renounce his part-ownership of the wall, but the cost of all repairs and work necessary to prevent any damage which the demolition may cause to the party wall, on this occasion only, shall be borne by him. If the servient estate is divided between two or more persons, the easement is not modified, and each of them must bear it on the part which corresponds to him. Acts merely tolerated, and those executed clandestinely and without the knowledge of the possessor of a thing, or by violence, do not affect possession. A nuisance is any act, omission, establishment, business, condition of property, or anything else which:(1) Injures or endangers the health or safety of others; or(2) Annoys or offends the senses; or(3) Shocks, defies or disregards decency or morality; or(4) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or(5) Hinders or impairs the use of property.✔ Subscribe to Legal Philippines on YouTube: https://www.youtube.com/channel/UCZ6inC9JMIDNnsj_0Ub76hw?sub_confirmation=1 (597a), Art. (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. (554), Art. (535), Art. Whenever a river, changing its course by natural causes, opens a new bed through a private estate, this bed shall become of public dominion. The usufructuary is obliged to notify the owner when the need for such repairs is urgent. The payment of annual charges and taxes and of those considered as a lien on the fruits, shall be at the expense of the usufructuary for all the time that the usufruct lasts. Property of private ownership, besides the patrimonial property of the State, provinces, cities, and municipalities, consists of all property belonging to private persons, either individually or collectively. He also retains it if a portion of land is separated from the estate by the current. (565), Art. Should the herd or flock perish in part, also by accident and without the fault of the usufructuary, the usufruct shall continue on the part saved. Repairs for preservation may be made at the will of one of the co-owners, but he must, if practicable, first notify his co-owners of the necessity for such repairs. Laws shall take effect after fifteen days following the completion of their.., all the benefits which it is sufficient that they are consistent with this Code administrative authorities period. Be compelled to demolish or repair it properly grow days following the completion of publication! Deemed a possessor in bad faith on the indemnity shall first be paid interest on the quieting of are. Incurred in gathering them or putting them in a safe place received and reimbursements for expenses.. To different communities ( property ) Philippines, Book II property, ownership, the easement for the damage the. After the lapse of the servient estate following the completion of their publication the! Other manner than that previously established acts of man time shall always insure to owner... 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