Accession, Possession, Easements of Servitudes

ownership of property

what gives right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially

natural fruits, industrial fruits, civil fruits

what belongs to the owners

natural fruits

are the spontaneous products of the soil, and the young and other products of animals

industrial fruits

are those produced by lands of any kind through cultivation or labor.

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.

he who receives

who has the obligation to pay the expenses made by a third person in their production, gathering, and preservation

co-ownership

whenever the ownership of an undivided thing or right belongs to different persons.

proportional

equivalence or relation of the share of the co-owners, in the benefits as well as in the charges, shall be proportional to their respective interests

void

any stipulation in a contract contrary to the proportional mandate of the share of co-owners and their respective interests shall be _____

equal

presumption of portions in co-ownership unless the contrary is provided

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.

each co-owner may use the thing owned in common, provided he does so in accordance with _____

by agreement, express or implied

how can the purpose of co-ownership be changed

any one of the co-owners

who may bring an action in ejectment

right to compel the other co-owners to contribute to the expenses of preservation of the thing or right owned in common and to the taxes

what right do co-owners have regarding the payment of expenses for preservation of the thing or right owned in common and to the taxes.

by renouncing so much of his undivided interest as may be equivalent to his share of the expenses and taxes

when and how can any one of the co-owners exempt himself from contributing to the expenses for the preservation of the co-owned thing or right

if it is prejudicial to the co-ownership

when is the waiver for contribution not allowed

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

when can the repairs for preservation be made

by a majority as determined in article 492

how are expenses to improve or embellish the thing decided?

terms when different stories of house belong to different owners and there is no specified terms under the titles of ownership

(1) The main and party walls, the roof and the other things used in common, shall be preserved at the expense of all the owners in proportion to the value of the story belonging to each;

(2) Each owner shall bear the cost of maintaining the floor of his story; the floor of the entrance, front door, common yard and sanitary works common to all, shall be maintained at the expense of all the owners pro rata;

(3) The stairs from the entrance to the first story shall be maintained at the expense of all the owners pro rata, with the exception of the owner of the ground floor; the stairs from the first to the second story shall be preserved at the expense of all, except the owner of the ground floor and the owner of the first story; and so on successively.

when it is clearly prejudicial to the common interest

when can courts afford adequate relief in making alterations to a thing owned in common without consent

binding

For the administration and better enjoyment of the thing owned in common, the resolutions of the majority of the co-owners shall be _____

approved by the co-owners who represent the controlling interest in the object of the co-ownership

what is considered as majority in the resolutions

the court

Should there be no majority, or should the resolution of the majority be seriously prejudicial to those interested in the property owned in common, _______, at the instance of an interested party, shall order such measures as it may deem proper, including the appointment of an administrator. Whenever a part of the thing belongs exclusively to one of the co-owners, and the remainder is owned in common, the preceding provision shall apply only to the part owned in common.

full ownership of his part and of the fruits and benefits pertaining thereto, and he may therefore alienate, assign or mortgage it, and even substitute another person in its enjoyment, except when personal rights are involved

rights of co-owner

no co-owner; each co-owner

________ shall be obliged to remain in the co-ownership. ______ may demand at any time the partition of the thing owned in common, insofar as his share is concerned.

valid

Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall be _____. This term may be extended by a new agreement.

donor or testator; not exceed 20 years

A ______ may prohibit partition for a period which shall ______ years.

no

should there be a prescription that runs in favor of a co-owner or co-heir against his co-owners or co-heirs

by agreement between the parties or by judicial proceedings

when can partition be made

creditors or assignees of the co-owners

who may take part in the division of the thing owned in common and object to its being effected without their concurrence (excluding co-owners)

fraud, or in case it was made notwithstanding a formal opposition presented to prevent it

exceptions when creditors or assignees of the co-owners take part in its division

sold and proceeds are distributed

what happens whenever the thing is essentially indivisible and the co-owners cannot agree that it be allotted to one of them who shall indemnify the others

mutual accounting for benefits received and reimbursements for expenses made; each co-owner shall pay for damages caused by reason of his negligence or fraud

what is expected upon partition?

every co-owner after partition

who shall be liable for defects of title and quality of the portion assigned to each of the other co-owners.