Property

Art 415
1 and 2 Cannot be carried from place to place
1,2,3 and 4 By Incorporation meaning intended to be attached permanently
5 Machinery - Real property ( General Rule: Owner of the land/building or tenement,
Principal, indispensable to the industry owner ) Except: if tenant places the
machinery its personal property ( X - X: if the tenant left the machine at the end of
the contract and be part thereto of the building it shall be real property ).
6 Bird Cage only hanging in the veranda ( Personal property ) to be considered it
must be intended to be attached permanently. Dog house attached permanently to
the ground ( Real Property )
7 Fertilizer if mixed to the soil ( Real Property )
8 Mineral extracted from mines ( Personal Property )
9 and 10 By analogy ( express provision of the law )
9 Fixed Place in a river ( Real Property )
10 Real property Public works

If the thing is excluded from Art. 415 it is Personal Property

Can be carried from one place to another and does not injured the place where it
was attached that is Personal Property

Ownership Art. 428 440

Art 429 Principle of Self Help
Art 430 Fence constitutes Privacy
Art 435 Entitled to just compensation after State Expropriation ( Eminent and
Domain )
Art 437 General Rule: Excavation ( Surface Right ) Except: Not absolute ( Subject to
easement )
If you find mineral ( not owner under Regalian Doctrine ( State owns it ).

Art 438 Hidden Treasure If you are the finder and owner of the land 100% owner
but if only the finder not owner 50% only. If Inchoate only gets the wage but if an
agreement executed on top of salary you get a part of the treasure then agreement
is respect. If trespasser you will not get anything and will get prosecuted.
Construction of building subject to laws
Art 440 Accession
Art. 429 Principle of Self Help
Physical invasion of personal property, unlawful, Defend property ( lawful possessor
or owner )
Use Reasonable force to repel Actual Invasion, Threatens dispossession or
immediately after dispossession
Ex. Dispossessed of personal property after 6 months found the property. Can
you still exercise principle? No longer ( disputable presumption of
ownership ).
1. Actual physical possession of your property by a person claiming
ownership
2. Resort to Judicial intervention for recovery
***Refer to slides
Doctrine of State of Necessity
Grounds: Imminent danger, Greater damage, Interference to anothers
property
Ex. Driving car ( one lane road ) Left ravine, Right head on collision

Art. 440 Accession ***Refer to Slide

Art 449 452 Rights of Builder in Bad Faith and Owner in Good Faith
Art. 461 Abandoned Riverbed, Alluvial deposits
Concept of the owner: Open, Public, Faithful, Adverse, Continuous,
uninterrupted ( 10 years )
Requisites