OWNERSHIP.

OWNERSHIP


• Definitions of Ownership

 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.

 Power of a person over a thing for purposes recognized by law & within the limits established by law

• Attributes:

1. Jus possidendi – right to possess

2. Jus utendi – right to enjoy

3. Jus fruendi – right to fruits

4. Jus abutendi – right to use and abuse

5. Jus disponendi – right to dispose

6. Jus vindicandi – right to exclude others from possession of the thing

Actions for possession:

1. movable – replevin (return of a movable)

2. immovable –
a) forcible entry – used by person deprived of possession through violence, intimidation (physical possession, 1 year unlawful deprivation)

b) unlawful detainer – used by lessor/person having legal right over property when lessee/person withholding property refuses to surrender possession of property after expiration of lease/right to hold property (physical possession, 1 year from unlawful deprivation)

c) accion publiciana – plenary action to recover possession

d) accion reinvindicatoria – recovery of dominion of property as owner

7. Principle of self help – self defense

Elements:
a) Person exercising rights is owner or lawful possessor

b) There is actual or threatened unlawful physical invasion of his property

c) Use force as may be reasonably necessary to repel or prevent it

 Available only when possession has not yet been lost, if already lost – resort to judicial process

 May be exercised by 3rd person – negotiorum gestio

8. Right to enclose or fence w/o detriment to servitude constituted
9. Right to surface & everything under it only as far as necessary for his practical interest (benefit or enjoyment)

10. Right to hidden treasure found in own property

a) hidden and unknown movables w/c consist of money or precious objects

b) owner is unknown

c) by chance – if property owner is state – ½ belongs to finder; also if in another’s property; the finder must not be trespasser

• Limitation on Ownership

1. general limitations for the benefit of the state (eminent domain, police power, taxation)

2. specific limitations imposed by law (servitude, easements)

3. specific limitations imposed by party transmitting ownership (will, contract)

4. limitations imposed by owner himself (voluntary servitude, mortgages, pledges)

5. inherent limitations arising from conflicts with other similar rights (contiguity of property)

6. owner cannot make use of a thing which shall injure/prejudice rights of 3rd persons (neighbors)

7. acts in state of necessity – law permits injury or destruction of things owned by another provided this is necessary to avert a greater danger (with right to indemnity – vs. principle of unjust enrichment)

8. true owner must resort to judicial process – when thing is in possession of another; law creates a disputable presumption of ownership to those in actual possession
a) identify property
b) show that he has better title