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RIGHT OF ACCESSION
• Accession – owner of thing becomes owner of everything it may produce or those which may be incorporated or united thereto
1. principle of justice
2. accessory follows the principal
• Accession continua – accession to products of the thing
• Rights of owners: natural, industrial & civil fruits
exception: possession in good faith by another, usufruct, lease, antichresis
• Obligation of owners:
a) Immovables – accretion
1. Alluvium - owner of lands adjoining banks of river belongs the accretion gradually received from effects of the water's current
Requisites:
a. deposit is gradual & imperceptible
b. made through effects of current of water
c. land where accretion takes place is adjacent to banks of river
Rights of riparian owner
Right to accretion ipso facto – no need to make an express act of possession
2. Avulsion – transfer of a known portion of land from one tenement to another by force of current of waters
Rights of riparian owner
a) Right to portion of land transferred if not claimed by owner within 2 years (prescription)
b) Right to trees uprooted if not claimed by owner w/in 6 months; subject to reimbursement for necessary expenses for gathering them & putting them in safe place
3. Change of river bed
Right of owner of land occupied by new river course
1. Right to old bed ipso facto in proportion to area lost
2. Owner of adjoining land to old bed shall have right to acquire the same by paying its value – value not to exceed the value of area occupied by new bed
3. Formation of island in non-navigable river
a) owner of margin nearest to islands formed – if nearest to it
b) owner of both margins – if island is in the middle (divided into halves longitudinally)
4. building, planting & sowing
• General Rule – whatever is built, planted or sown belongs to owner of land;
presumption is owner made them at his expense
Exception: contrary is proven
Right of owner of material
1. Right to be indemnified or paid of value of property by owner of land
2. Right to remove materials if he can do so w/o injury to work constructed if owner has not paid
3. Right to damages and demolition even if with injury to work if owner of land is in bad faith
Right of owner when another builds, plants or sows in his land:
• Accession – owner of thing becomes owner of everything it may produce or those which may be incorporated or united thereto
1. principle of justice
2. accessory follows the principal
• Accession continua – accession to products of the thing
• Rights of owners: natural, industrial & civil fruits
exception: possession in good faith by another, usufruct, lease, antichresis
• Obligation of owners:
a) Immovables – accretion
1. Alluvium - owner of lands adjoining banks of river belongs the accretion gradually received from effects of the water's current
Requisites:
a. deposit is gradual & imperceptible
b. made through effects of current of water
c. land where accretion takes place is adjacent to banks of river
Rights of riparian owner
Right to accretion ipso facto – no need to make an express act of possession
2. Avulsion – transfer of a known portion of land from one tenement to another by force of current of waters
Rights of riparian owner
a) Right to portion of land transferred if not claimed by owner within 2 years (prescription)
b) Right to trees uprooted if not claimed by owner w/in 6 months; subject to reimbursement for necessary expenses for gathering them & putting them in safe place
3. Change of river bed
Right of owner of land occupied by new river course
1. Right to old bed ipso facto in proportion to area lost
2. Owner of adjoining land to old bed shall have right to acquire the same by paying its value – value not to exceed the value of area occupied by new bed
3. Formation of island in non-navigable river
a) owner of margin nearest to islands formed – if nearest to it
b) owner of both margins – if island is in the middle (divided into halves longitudinally)
4. building, planting & sowing
• General Rule – whatever is built, planted or sown belongs to owner of land;
presumption is owner made them at his expense
Exception: contrary is proven
Right of owner of material
1. Right to be indemnified or paid of value of property by owner of land
2. Right to remove materials if he can do so w/o injury to work constructed if owner has not paid
3. Right to damages and demolition even if with injury to work if owner of land is in bad faith
Right of owner when another builds, plants or sows in his land:
