Art. 414.

All things which are or may be the object of appropriation are considered either:
(1) Immovable or real property; or
() !ovable or personal property. (""")

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Art. 41.. &he following are immovable property:
(1) ,and/ b0ildings/ roads and constr0ctions of all 1inds adhered to the soil;
() &rees/ plants/ and growing fr0its/ while they are attached to the land or form an
integral part of an immovable;
(") 'verything attached to an immovable in a fi2ed manner/ in s0ch a way that it cannot
be separated therefrom witho0t brea1ing the material or deterioration of the object;
(4) 3tat0es/ reliefs/ paintings or other objects for 0se or ornamentation/ placed in
b0ildings or on lands by the owner of the immovable in s0ch a manner that it reveals the
intention to attach them permanently to the tenements;
(.) !achinery/ receptacles/ instr0ments or implements intended by the owner of the
tenement for an ind0stry or wor1s which may be carried on in a b0ilding or on a piece of
land/ and which tend directly to meet the needs of the said ind0stry or wor1s;
(4) Animal ho0ses/ pigeon5ho0ses/ beehives/ fish ponds or breeding places of similar
nat0re/ 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 incl0ded;
(6) 7ertili8er act0ally 0sed on a piece of land;
(9) !ines/ :0arries/ and slag d0mps/ while the matter thereof forms part of the bed/ and
waters either r0nning or stagnant;
(;) <oc1s and str0ct0res which/ tho0gh floating/ are intended by their nat0re and object
to remain at a fi2ed place on a river/ la1e/ or coast;
(1=) #ontracts for p0blic wor1s/ and servit0des and other real rights over immovable
property. (""4a)

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Art. 414. &he following things are deemed to be personal property:
(1) &hose movables s0sceptible of appropriation which are not incl0ded in the preceding
article;
() (eal property which by any special provision of law is considered as personal
property;
(") 7orces of nat0re which are bro0ght 0nder control by science; and
(4) In general/ all things which can be transported from place to place witho0t impairment
of the real property to which they are fi2ed. ("".a)
Art. 416. &he following are also considered as personal property:
(1) )bligations and actions which have for their object movables or demandable s0ms;
and
() 3hares of stoc1 of agric0lt0ral/ commercial and ind0strial entities/ altho0gh they may
have real estate. (""4a)
Art. 419. !ovable property is either cons0mable or noncons0mable. &o the first class
belong those movables which cannot be 0sed in a manner appropriate to their nat0re
witho0t their being cons0med; to the second class belong all the others. (""6)

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Art. 41;. %roperty is either of p0blic dominion or of private ownership. (""9)
Art. 4=. &he following things are property of p0blic dominion:
(1) &hose intended for p0blic 0se/ s0ch as roads/ canals/ rivers/ torrents/ ports and
bridges constr0cted by the 3tate/ ban1s/ shores/ roadsteads/ and others of similar
character;
() &hose which belong to the 3tate/ witho0t being for p0blic 0se/ and are intended for
some p0blic service or for the development of the national wealth. ("";a)
Art. 41. All other property of the 3tate/ which is not of the character stated in the
preceding article/ is patrimonial property. ("4=a)
Art. 4. %roperty of p0blic dominion/ when no longer intended for p0blic 0se or for
p0blic service/ shall form part of the patrimonial property of the 3tate.("41a)
Art. 4". &he property of provinces/ cities/ and m0nicipalities is divided into property for
p0blic 0se and patrimonial property. ("4")
Art. 44. %roperty for p0blic 0se/ in the provinces/ cities/ and m0nicipalities/ consist of
the provincial roads/ city streets/ m0nicipal streets/ the s:0ares/ fo0ntains/ p0blic
waters/ promenades/ and p0blic wor1s for p0blic service paid for by said provinces/
cities/ or m0nicipalities.
All other property possessed by any of them is patrimonial and shall be governed by this
#ode/ witho0t prej0dice to the provisions of special laws.("44a)
Art. 4.. %roperty of private ownership/ besides the patrimonial property of the 3tate/
provinces/ cities/ and m0nicipalities/ consists of all property belonging to private
persons/ either individ0ally or collectively. ("4.a)


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Art. 44. ?henever by provision of the law/ or an individ0al declaration/ the
e2pression "immovable things or property," or "movable things or property," is 0sed/ it
shall be deemed to incl0de/ respectively/ the things en0merated in #hapter 1 and
#hapter .
?henever the word "muebles," or "furniture," is 0sed alone/ it shall not be deemed to
incl0de money/ credits/ commercial sec0rities/ stoc1s and bonds/ jewelry/ scientific or
artistic collections/ boo1s/ medals/ arms/ clothing/ horses or carriages and their
accessories/ grains/ li:0ids and merchandise/ or other things which do not have as their
principal object the f0rnishing or ornamenting of a b0ilding/ e2cept where from the
conte2t of the law/ or the individ0al declaration/ the contrary clearly appears. ("44a)

&itle II. 5 )?>'(3$I%

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Art. 46. )wnership may be e2ercised over things or rights. (n)
Art. 49. &he owner has the right to enjoy and dispose of a thing/ witho0t other
limitations than those established by law.
&he owner has also a right of action against the holder and possessor of the thing in
order to recover it. ("49a)
Art. 4;. &he owner or lawf0l possessor of a thing has the right to e2cl0de any person
from the enjoyment and disposal thereof. 7or this p0rpose/ he may 0se s0ch force as
may be reasonably necessary to repel or prevent an act0al or threatened 0nlawf0l
physical invasion or 0s0rpation of his property.(n)
Art. 4"=. 'very owner may enclose or fence his land or tenements by means of walls/
ditches/ live or dead hedges/ or by any other means witho0t detriment to servit0des
constit0ted thereon. ("99)
Art. 4"1. &he owner of a thing cannot ma1e 0se thereof in s0ch manner as to inj0re the
rights of a third person. (n)
Art. 4". &he owner of a thing has no right to prohibit the interference of another with the
same/ if the interference is necessary to avert an imminent danger and the threatened
damage/ compared to the damage arising to the owner from the interference/ is m0ch
greater. &he owner may demand from the person benefited indemnity for the damage to
him. (n)
Art. 4"". Act0al possession 0nder claim of ownership raises disp0table pres0mption of
ownership. &he tr0e owner m0st resort to j0dicial process for the recovery of the
property. (n)
Art. 4"4. In an action to recover/ the property m0st be identified/ and the plaintiff m0st
rely on the strength of his title and not on the wea1ness of the defendantAs claim. (n)
Art. 4".. >o person shall be deprived of his property e2cept by competent a0thority and
for p0blic 0se and always 0pon payment of j0st compensation.
3ho0ld this re:0irement be not first complied with/ the co0rts shall protect and/ in a
proper case/ restore the owner in his possession. ("4;a)
Art. 4"4. ?hen any property is condemned or sei8ed by competent a0thority in the
interest of health/ safety or sec0rity/ the owner thereof shall not be entitled to
compensation/ 0nless he can show that s0ch condemnation or sei80re is 0nj0stified. (n)
Art. 4"6. &he owner of a parcel of land is the owner of its s0rface and of everything 0nder
it/ and he can constr0ct thereon any wor1s or ma1e any plantations and e2cavations
which he may deem proper/ witho0t detriment to servit0des and s0bject to special laws
and ordinances. $e cannot complain of the reasonable re:0irements of aerial
navigation. (".=a)
Art. 4"9. $idden treas0re belongs to the owner of the land/ b0ilding/ or other property on
which it is fo0nd.
>evertheless/ when the discovery is made on the property of another/ or of the 3tate or
any of its s0bdivisions/ and by chance/ one5half thereof shall be allowed to the finder. If
the finder is a trespasser/ he shall not be entitled to any share of the treas0re.
If the things fo0nd be of interest to science of the arts/ the 3tate may ac:0ire them at
their j0st price/ which shall be divided in conformity with the r0le stated. (".1a)
Art. 4";. +y treas0re is 0nderstood/ for legal p0rposes/ any hidden and 0n1nown deposit
of money/ jewelry/ or other precio0s objects/ the lawf0l ownership of which does not
appear. (".)

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Art. 44=. &he ownership of property gives the right by accession to everything which is
prod0ced thereby/ or which is incorporated or attached thereto/ either nat0rally or
artificially. (".")

3'#&I)> 1. 5 (ight of Accession with (espect to
?hat is %rod0ced by %roperty

Art. 441. &o the owner belongs:
(1) &he nat0ral fr0its;
() &he ind0strial fr0its;
(") &he civil fr0its. (".4)
Art. 44. >at0ral fr0its are the spontaneo0s prod0cts of the soil/ and the yo0ng and other
prod0cts of animals.
Ind0strial fr0its are those prod0ced by lands of any 1ind thro0gh c0ltivation or labor.
#ivil fr0its are the rents of b0ildings/ the price of leases of lands and other property and
the amo0nt of perpet0al or life ann0ities or other similar income. ("..a)
Art. 44". $e who receives the fr0its has the obligation to pay the e2penses made by a
third person in their prod0ction/ gathering/ and preservation. (".4)
Art. 444. )nly s0ch as are manifest or born are considered as nat0ral or ind0strial fr0its.
?ith respect to animals/ it is s0fficient that they are in the womb of the mother/ altho0gh
0nborn. (".6)

3'#&I)> . 5 (ight of Accession with (espect
to Immovable %roperty

Art. 44.. ?hatever is b0ilt/ planted or sown on the land of another and the improvements
or repairs made thereon/ belong to the owner of the land/ s0bject to the provisions of the
following articles. (".9)
Art. 444. All wor1s/ sowing/ and planting are pres0med made by the owner and at his
e2pense/ 0nless the contrary is proved. (".;)
Art. 446. &he owner of the land who ma1es thereon/ personally or thro0gh another/
plantings/ constr0ctions or wor1s with the materials of another/ shall pay their val0e;
and/ if he acted in bad faith/ he shall also be obliged to the reparation of damages. &he
owner of the materials shall have the right to remove them only in case he can do so
witho0t inj0ry to the wor1 constr0cted/ or witho0t the plantings/ constr0ctions or wor1s
being destroyed. $owever/ if the landowner acted in bad faith/ the owner of the materials
may remove them in any event/ with a right to be indemnified for damages. ("4=a)
Art. 449. &he owner of the land on which anything has been b0ilt/ sown or planted in
good faith/ shall have the right to appropriate as his own the wor1s/ sowing or planting/
after payment of the indemnity provided for in Articles .44 and .49/ or to oblige the one
who b0ilt or planted to pay the price of the land/ and the one who sowed/ the proper rent.
$owever/ the b0ilder or planter cannot be obliged to b0y the land if its val0e is
considerably more than that of the b0ilding or trees. In s0ch case/ he shall pay
reasonable rent/ if the owner of the land does not choose to appropriate the b0ilding or
trees after proper indemnity. &he parties shall agree 0pon the terms of the lease and in
case of disagreement/ the co0rt shall fi2 the terms thereof. ("41a)
Art. 44;. $e who b0ilds/ plants or sows in bad faith on the land of another/ loses what is
b0ilt/ planted or sown witho0t right to indemnity. ("4)
Art. 4.=. &he owner of the land on which anything has been b0ilt/ planted or sown in bad
faith may demand the demolition of the wor1/ or that the planting or sowing be removed/
in order to replace things in their former condition at the e2pense of the person who
b0ilt/ planted or sowed; or he may compel the b0ilder or planter to pay the price of the
land/ and the sower the proper rent. ("4"a)
Art. 4.1. In the cases of the two preceding articles/ the landowner is entitled to damages
from the b0ilder/ planter or sower. (n)
Art. 4.. &he b0ilder/ planter or sower in bad faith is entitled to reimb0rsement for the
necessary e2penses of preservation of the land. (n)
Art. 4.". If there was bad faith/ not only on the part of the person who b0ilt/ planted or
sowed on the land of another/ b0t also on the part of the owner of s0ch land/ the rights of
one and the other shall be the same as tho0gh both had acted in good faith.
It is 0nderstood that there is bad faith on the part of the landowner whenever the act was
done with his 1nowledge and witho0t opposition on his part. (".4a)
Art. 4.4. ?hen the landowner acted in bad faith and the b0ilder/ planter or sower
proceeded in good faith/ the provisions of article 446 shall apply. (n)
Art. 4... If the materials/ plants or seeds belong to a third person who has not acted in
bad faith/ the owner of the land shall answer s0bsidiarily for their val0e and only in the
event that the one who made 0se of them has no property with which to pay.
&his provision shall not apply if the owner ma1es 0se of the right granted by article 4.=.
If the owner of the materials/ plants or seeds has been paid by the b0ilder/ planter or
sower/ the latter may demand from the landowner the val0e of the materials and
labor. ("4.a)
Art. 4.4. In the cases reg0lated in the preceding articles/ good faith does not necessarily
e2cl0de negligence/ which gives right to damages 0nder article 164. (n)
Art. 4.6. &o the owners of lands adjoining the ban1s of rivers belong the accretion which
they grad0ally receive from the effects of the c0rrent of the waters. (""4)
Art. 4.9. &he owners of estates adjoining ponds or lagoons do not ac:0ire the land left
dry by the nat0ral decrease of the waters/ or lose that in0ndated by them in e2traordinary
floods. ("46)
Art. 4.;. ?henever the c0rrent of a river/ cree1 or torrent segregates from an estate on
its ban1 a 1nown portion of land and transfers it to another estate/ the owner of the land
to which the segregated portion belonged retains the ownership of it/ provided that he
removes the same within two years. ("49a)
Art. 44=. &rees 0prooted and carried away by the c0rrent of the waters belong to the
owner of the land 0pon which they may be cast/ if the owners do not claim them within
si2 months. If s0ch owners claim them/ they shall pay the e2penses inc0rred in gathering
them or p0tting them in a safe place.("4;a)
Art. 441. (iver beds which are abandoned thro0gh the nat0ral change in the co0rse of
the waters ipso facto belong to the owners whose lands are occ0pied by the new co0rse
in proportion to the area lost. $owever/ the owners of the lands adjoining the old bed
shall have the right to ac:0ire the same by paying the val0e thereof/ which val0e shall
not e2ceed the val0e of the area occ0pied by the new bed. ("6=a)
Art. 44. ?henever a river/ changing its co0rse by nat0ral ca0ses/ opens a new bed
thro0gh a private estate/ this bed shall become of p0blic dominion.("6a)
Art. 44". ?henever the c0rrent of a river divides itself into branches/ leaving a piece of
land or part thereof isolated/ the owner of the land retains his ownership. $e also retains
it if a portion of land is separated from the estate by the c0rrent. ("64)
Art. 444. Islands which may be formed on the seas within the j0risdiction of the
%hilippines/ on la1es/ and on navigable or floatable rivers belong to the 3tate. ("61a)
Art. 44.. Islands which thro0gh s0ccessive acc0m0lation of all0vial deposits are formed
in non5navigable and non5floatable rivers/ belong to the owners of the margins or ban1s
nearest to each of them/ or to the owners of both margins if the island is in the middle of
the river/ in which case it shall be divided longit0dinally in halves. If a single island th0s
formed be more distant from one margin than from the other/ the owner of the nearer
margin shall be the sole owner thereof. ("6"a)

3'#&I)> ". 5 (ight of Accession
with (espect to !ovable %roperty

Art. 444. ?henever two movable things belonging to different owners are/ witho0t bad
faith/ 0nited in s0ch a way that they form a single object/ the owner of the principal thing
ac:0ires the accessory/ indemnifying the former owner thereof for its val0e. ("6.)
Art. 446. &he principal thing/ as between two things incorporated/ is deemed to be that to
which the other has been 0nited as an ornament/ or for its 0se or perfection. ("64)
Art. 449. If it cannot be determined by the r0le given in the preceding article which of the
two things incorporated is the principal one/ the thing of the greater val0e shall be so
considered/ and as between two things of e:0al val0e/ that of the greater vol0me.
In painting and sc0lpt0re/ writings/ printed matter/ engraving and lithographs/ the board/
metal/ stone/ canvas/ paper or parchment shall be deemed the accessory thing. ("66)
Art. 44;. ?henever the things 0nited can be separated witho0t inj0ry/ their respective
owners may demand their separation.
>evertheless/ in case the thing 0nited for the 0se/ embellishment or perfection of the
other/ is m0ch more precio0s than the principal thing/ the owner of the former may
demand its separation/ even tho0gh the thing to which it has been incorporated may
s0ffer some inj0ry. ("69)
Art. 46=. ?henever the owner of the accessory thing has made the incorporation in bad
faith/ he shall lose the thing incorporated and shall have the obligation to indemnify the
owner of the principal thing for the damages he may have s0ffered.
If the one who has acted in bad faith is the owner of the principal thing/ the owner of the
accessory thing shall have a right to choose between the former paying him its val0e or
that the thing belonging to him be separated/ even tho0gh for this p0rpose it be
necessary to destroy the principal thing; and in both cases/ f0rthermore/ there shall be
indemnity for damages.
If either one of the owners has made the incorporation with the 1nowledge and witho0t
the objection of the other/ their respective rights shall be determined as tho0gh both
acted in good faith. ("6;a)
Art. 461. ?henever the owner of the material employed witho0t his consent has a right to
an indemnity/ he may demand that this consist in the delivery of a thing e:0al in 1ind and
val0e/ and in all other respects/ to that employed/ or else in the price thereof/ according
to e2pert appraisal. ("9=)
Art. 46. If by the will of their owners two things of the same or different 1inds are mi2ed/
or if the mi2t0re occ0rs by chance/ and in the latter case the things are not separable
witho0t inj0ry/ each owner shall ac:0ire a right proportional to the part belonging to him/
bearing in mind the val0e of the things mi2ed or conf0sed. ("91)
Art. 46". If by the will of only one owner/ b0t in good faith/ two things of the same or
different 1inds are mi2ed or conf0sed/ the rights of the owners shall be determined by
the provisions of the preceding article.
If the one who ca0sed the mi2t0re or conf0sion acted in bad faith/ he shall lose the thing
belonging to him th0s mi2ed or conf0sed/ besides being obliged to pay indemnity for the
damages ca0sed to the owner of the other thing with which his own was mi2ed. ("9)
Art. 464. )ne who in good faith employs the material of another in whole or in part in
order to ma1e a thing of a different 1ind/ shall appropriate the thing th0s transformed as
his own/ indemnifying the owner of the material for its val0e.
If the material is more precio0s than the transformed thing or is of more val0e/ its owner
may/ at his option/ appropriate the new thing to himself/ after first paying indemnity for
the val0e of the wor1/ or demand indemnity for the material.
If in the ma1ing of the thing bad faith intervened/ the owner of the material shall have the
right to appropriate the wor1 to himself witho0t paying anything to the ma1er/ or to
demand of the latter that he indemnify him for the val0e of the material and the damages
he may have s0ffered. $owever/ the owner of the material cannot appropriate the wor1 in
case the val0e of the latter/ for artistic or scientific reasons/ is considerably more than
that of the material. ("9"a)
Art. 46.. In the preceding articles/ sentimental val0e shall be d0ly appreciated. (n)

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Art. 464. ?henever there is a clo0d on title to real property or any interest therein/ by
reason of any instr0ment/ record/ claim/ enc0mbrance or proceeding which is apparently
valid or effective b0t is in tr0th and in fact invalid/ ineffective/ voidable/ or 0nenforceable/
and may be prej0dicial to said title/ an action may be bro0ght to remove s0ch clo0d or to
:0iet the title.
An action may also be bro0ght to prevent a clo0d from being cast 0pon title to real
property or any interest therein.
Art. 466. &he plaintiff m0st have legal or e:0itable title to/ or interest in the real property
which is the s0bject matter of the action. $e need not be in possession of said property.
Art. 469. &here may also be an action to :0iet title or remove a clo0d therefrom when the
contract/ instr0ment or other obligation has been e2ting0ished or has terminated/ or has
been barred by e2tinctive prescription.
Art. 46;. &he plaintiff m0st ret0rn to the defendant all benefits he may have received from
the latter/ or reimb0rse him for e2penses that may have redo0nded to the plaintiffAs
benefit.
Art. 49=. &he principles of the general law on the :0ieting of title are hereby adopted
insofar as they are not in conflict with this #ode.
Art. 491. &he proced0re for the :0ieting of title or the removal of a clo0d therefrom shall
be governed by s0ch r0les of co0rt as the 30preme #o0rt shall prom0lgated.

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Art. 49. If a b0ilding/ wall/ col0mn/ or any other constr0ction is in danger of falling/ the
owner shall be obliged to demolish it or to e2ec0te the necessary wor1 in order to
prevent it from falling.
If the proprietor does not comply with this obligation/ the administrative a0thorities may
order the demolition of the str0ct0re at the e2pense of the owner/ or ta1e meas0res to
ins0re p0blic safety. ("9;a)
Art. 49". ?henever a large tree threatens to fall in s0ch a way as to ca0se damage to the
land or tenement of another or to travelers over a p0blic or private road/ the owner of the
tree shall be obliged to fell and remove it; and sho0ld he not do so/ it shall be done at his
e2pense by order of the administrative a0thorities. (";=a)

&itle III. 5 #)5)?>'(3$I%

Art. 494. &here is co5ownership whenever the ownership of an 0ndivided thing or right
belongs to different persons.
In defa0lt of contracts/ or of special provisions/ co5ownership shall be governed by the
provisions of this &itle. (";)
Art. 49.. &he share of the co5owners/ in the benefits as well as in the charges/ shall be
proportional to their respective interests. Any stip0lation in a contract to the contrary
shall be void.
&he portions belonging to the co5owners in the co5ownership shall be pres0med e:0al/
0nless the contrary is proved. (";"a)
Art. 494. 'ach co5owner may 0se the thing owned in common/ provided he does so in
accordance with the p0rpose for which it is intended and in s0ch a way as not to inj0re
the interest of the co5ownership or prevent the other co5owners from 0sing it according
to their rights. &he p0rpose of the co5ownership may be changed by agreement/ e2press
or implied. (";4a)
Art. 496. Any one of the co5owners may bring an action in ejectment. (n)
Art. 499. 'ach co5owner shall have a right to compel the other co5owners to contrib0te to
the e2penses of preservation of the thing or right owned in common and to the ta2es.
Any one of the latter may e2empt himself from this obligation by reno0ncing so m0ch of
his 0ndivided interest as may be e:0ivalent to his share of the e2penses and ta2es. >o
s0ch waiver shall be made if it is prej0dicial to the co5ownership. (";.a)
Art. 49;. (epairs for preservation may be made at the will of one of the co5owners/ b0t he
m0st/ if practicable/ first notify his co5owners of the necessity for s0ch repairs. '2penses
to improve or embellish the thing shall be decided 0pon by a majority as determined in
Article 4;. (n)
Art. 4;=. ?henever the different stories of a ho0se belong to different owners/ if the titles
of ownership do not specify the terms 0nder which they sho0ld contrib0te to the
necessary e2penses and there e2ists no agreement on the s0bject/ the following r0les
shall be observed:
(1) &he main and party walls/ the roof and the other things 0sed in common/ shall be
preserved at the e2pense of all the owners in proportion to the val0e of the story
belonging to each;
() 'ach owner shall bear the cost of maintaining the floor of his story; the floor of the
entrance/ front door/ common yard and sanitary wor1s common to all/ shall be
maintained at the e2pense of all the owners pro rata;
(") &he stairs from the entrance to the first story shall be maintained at the e2pense of all
the owners pro rata/ with the e2ception of the owner of the gro0nd floor; the stairs from
the first to the second story shall be preserved at the e2pense of all/ e2cept the owner of
the gro0nd floor and the owner of the first story; and so on s0ccessively.(";4)
Art. 4;1. >one of the co5owners shall/ witho0t the consent of the others/ ma1e alterations
in the thing owned in common/ even tho0gh benefits for all wo0ld res0lt therefrom.
$owever/ if the withholding of the consent by one or more of the co5owners is clearly
prej0dicial to the common interest/ the co0rts may afford ade:0ate relief. (";6a)
Art. 4;. 7or the administration and better enjoyment of the thing owned in common/ the
resol0tions of the majority of the co5owners shall be binding.
&here shall be no majority 0nless the resol0tion is approved by the co5owners who
represent the controlling interest in the object of the co5ownership.
3ho0ld there be no majority/ or sho0ld the resol0tion of the majority be serio0sly
prej0dicial to those interested in the property owned in common/ the co0rt/ at the
instance of an interested party/ shall order s0ch meas0res as it may deem proper/
incl0ding the appointment of an administrator.
?henever a part of the thing belongs e2cl0sively to one of the co5owners/ and the
remainder is owned in common/ the preceding provision shall apply only to the part
owned in common. (";9)
Art. 4;". 'ach co5owner shall have the f0ll ownership of his part and of the fr0its and
benefits pertaining thereto/ and he may therefore alienate/ assign or mortgage it/ and
even s0bstit0te another person in its enjoyment/ e2cept when personal rights are
involved. +0t the effect of the alienation or the mortgage/ with respect to the co5owners/
shall be limited to the portion which may be alloted to him in the division 0pon the
termination of the co5ownership. (";;)
Art. 4;4. >o co5owner shall be obliged to remain in the co5ownership. 'ach co5owner
may demand at any time the partition of the thing owned in common/ insofar as his share
is concerned.
>evertheless/ an agreement to 1eep the thing 0ndivided for a certain period of time/ not
e2ceeding ten years/ shall be valid. &his term may be e2tended by a new agreement.
A donor or testator may prohibit partition for a period which shall not e2ceed twenty
years.
>either shall there be any partition when it is prohibited by law.
>o prescription shall r0n in favor of a co5owner or co5heir against his co5owners or co5
heirs so long as he e2pressly or impliedly recogni8es the co5ownership. (4==a)
Art. 4;.. >otwithstanding the provisions of the preceding article/ the co5owners cannot
demand a physical division of the thing owned in common/ when to do so wo0ld render it
0nserviceable for the 0se for which it is intended. +0t the co5ownership may be
terminated in accordance with Article 4;9. (4=1a)
Art. 4;4. %artition may be made by agreement between the parties or by j0dicial
proceedings. %artition shall be governed by the (0les of #o0rt insofar as they are
consistent with this #ode. (4=)
Art. 4;6. &he creditors or assignees of the co5owners may ta1e part in the division of the
thing owned in common and object to its being effected witho0t their conc0rrence. +0t
they cannot imp0gn any partition already e2ec0ted/ 0nless there has been fra0d/ or in
case it was made notwithstanding a formal opposition presented to prevent it/ witho0t
prej0dice to the right of the debtor or assignor to maintain its validity. (4=")
Art. 4;9. ?henever the thing is essentially indivisible and the co5owners cannot agree
that it be allotted to one of them who shall indemnify the others/ it shall be sold and its
proceeds distrib0ted. (4=4)
Art. 4;;. &he partition of a thing owned in common shall not prej0dice third persons/ who
shall retain the rights of mortgage/ servit0de or any other real rights belonging to them
before the division was made. %ersonal rights pertaining to third persons against the co5
ownership shall also remain in force/ notwithstanding the partition. (4=.)
Art. .==. Cpon partition/ there shall be a m0t0al acco0nting for benefits received and
reimb0rsements for e2penses made. ,i1ewise/ each co5owner shall pay for damages
ca0sed by reason of his negligence or fra0d. (n)
Art. .=1. 'very co5owner shall/ after partition/ be liable for defects of title and :0ality of
the portion assigned to each of the other co5owners. (n)

&itle I*. 5 3)!' 3%'#IA, %()%'(&I'3

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3'#&I)> 1. 5 )wnership of ?aters

Art. .=. &he following are of p0blic dominion:
(1) (ivers and their nat0ral beds;
() #ontin0o0s or intermittent waters of springs and broo1s r0nning in their nat0ral beds
and the beds themselves;
(") ?aters rising contin0o0sly or intermittently on lands of p0blic dominion;
(4) ,a1es and lagoons formed by >at0re on p0blic lands/ and their beds;
(.) (ain waters r0nning thro0gh ravines or sand beds/ which are also of p0blic dominion;
(4) 30bterranean waters on p0blic lands;
(6) ?aters fo0nd within the 8one of operation of p0blic wor1s/ even if constr0cted by a
contractor;
(9) ?aters rising contin0o0sly or intermittently on lands belonging to private persons/ to
the 3tate/ to a province/ or to a city or a m0nicipality from the moment they leave s0ch
lands;
(;) &he waste waters of fo0ntains/ sewers and p0blic establishments.(4=6)
Art. .=". &he following are of private ownership:
(1) #ontin0o0s or intermittent waters rising on lands of private ownership/ while r0nning
thro0gh the same;
() ,a1es and lagoons/ and their beds/ formed by >at0re on s0ch lands;
(") 30bterranean waters fo0nd on the same;
(4) (ain waters falling on said lands/ as long as they remain within the bo0ndaries;
(.) &he beds of flowing waters/ contin0o0s or intermittent/ formed by rain water/ and
those of broo1s/ crossing lands which are not of p0blic dominion.
In every drain or a:0ed0ct/ the water/ bed/ ban1s and floodgates shall be considered as
an integral part of the land of b0ilding for which the waters are intended. &he owners of
lands/ thro0gh which or along the bo0ndaries of which the a:0ed0ct passes/ cannot
claim ownership over it/ or any right to the 0se of its bed or ban1s/ 0nless the claim is
based on titles of ownership specifying the right or ownership claimed. (4=9)
3'#&I)> . 5 &he Cse of %0blic ?aters

Art. .=4. &he 0se of p0blic waters is ac:0ired:
(1) +y administrative concession;
() +y prescription for ten years.
&he e2tent of the rights and obligations of the 0se shall be that established/ in the first
case/ by the terms of the concession/ and/ in the second case/ by the manner and form in
which the waters have been 0sed. (4=;a)
Art. .=.. 'very concession for the 0se of waters is 0nderstood to be witho0t prej0dice to
third persons. (41=)
Art. .=4. &he right to ma1e 0se of p0blic waters is e2ting0ished by the lapse of the
concession and by non50ser for five years. (411a)

3'#&I)> ". 5 &he Cse of ?aters of %rivate )wnership

Art. .=6. &he owner of a piece of land on which a spring or broo1 rises/ be it contin0o0s
or intermittent/ may 0se its waters while they r0n thro0gh the same/ b0t after the waters
leave the land they shall become p0blic/ and their 0se shall be governed by the 3pecial
,aw of ?aters of A0g0st "/ 1944/ and by the Irrigation ,aw. (41a)
Art. .=9. &he private ownership of the beds of rain waters does not give a right to ma1e
wor1s or constr0ctions which may change their co0rse to the damage of third persons/
or whose destr0ction/ by the force of floods/ may ca0se s0ch damage. (41")
Art. .=;. >o one may enter private property to search waters or ma1e 0se of them witho0t
permission from the owners/ e2cept as provided by the !ining ,aw. (414a)
Art. .1=. &he ownership which the proprietor of a piece of land has over the waters rising
thereon does not prej0dice the rights which the owners of lower estates may have legally
ac:0ired to the 0se thereof. (41.)
Art. .11. 'very owner of a piece of land has the right to constr0ct within his property/
reservoirs for rain waters/ provided he ca0ses no damage to the p0blic or to third
persons. (414)

3'#&I)> 4. 5 30bterranean ?aters

Art. .1. )nly the owner of a piece of land/ or another person with his permission/ may
ma1e e2plorations thereon for s0bterranean waters/ e2cept as provided by the !ining
,aw.
'2plorations for s0bterranean waters on lands of p0blic dominion may be made only
with the permission of the administrative a0thorities. (416a)
Art. .1". ?aters artificially bro0ght forth in accordance with the 3pecial ,aw of ?aters of
A0g0st "/ 1944/ belong to the person who bro0ght them 0p.(419)
Art. .14. ?hen the owner of waters artificially bro0ght to the s0rface abandons them to
their nat0ral co0rse/ they shall become of p0blic dominion.(41;)

3'#&I)> .. 5 @eneral %rovisions

Art. .1.. &he owner of a piece of land on which there are defensive wor1s to chec1
waters/ or on which/ d0e to a change of their co0rse/ it may be necessary to reconstr0ct
s0ch wor1s/ shall be obliged/ at his election/ either to ma1e the necessary repairs or
constr0ction himself/ or to permit them to be done/ witho0t damage to him/ by the
owners of the lands which s0ffer or are clearly e2posed to s0ffer inj0ry. (4=)
Art. .14. &he 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 acc0m0lation or fall may obstr0ct
the co0rse of the waters/ to the damage or peril of third persons. (41)
Art. .16. All the owners who participate in the benefits arising from the wor1s referred to
in the two preceding articles/ shall be obliged to contrib0te to the e2penses of
constr0ction in proportion to their respective interests. &hose who by their fa0lt may
have ca0sed the damage shall be liable for the e2penses. (4)
Art. .19. All matters not e2pressly determined by the provisions of this #hapter shall be
governed by the special ,aw of ?aters of A0g0st "/ 1944/ and by the Irrigation
,aw. (4.a)

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Art. .1;. !ining claims and rights and other matters concerning minerals and mineral
lands are governed by special laws. (46a)

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&(A<'5!A(D3 A>< &(A<'5>A!'3

Art. .=. A trade5mar1 or trade5name d0ly registered in the proper government b0rea0 or
office is owned by and pertains to the person/ corporation/ or firm registering the same/
s0bject to the provisions of special laws. (n)
Art. .1. &he goodwill of a b0siness is property/ and may be transferred together with the
right to 0se the name 0nder which the b0siness is cond0cted. (n)
Art. .. &rade5mar1s and trade5names are governed by special laws. (n)

&itle *. 5 %)33'33I)>

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Art. .". %ossession is the holding of a thing or the enjoyment of a right.(4"=a)
Art. .4. %ossession may be e2ercised in oneAs own name or in that of another. (41"a)
Art. ... &he possession of things or rights may be had in one of two concepts: either in
the concept of owner/ or in that of the holder of the thing or right to 1eep or enjoy it/ the
ownership pertaining to another person. (4")
Art. .4. $e is deemed a possessor in good faith who is not aware that there e2ists in his
title or mode of ac:0isition any flaw which invalidates it.
$e is deemed a possessor in bad faith who possesses in any case contrary to the
foregoing.
!ista1e 0pon a do0btf0l or diffic0lt :0estion of law may be the basis of good faith. (4""a)
Art. .6. @ood faith is always pres0med/ and 0pon him who alleges bad faith on the part
of a possessor rests the b0rden of proof. (4"4)
Art. .9. %ossession ac:0ired in good faith does not lose this character e2cept in the
case and from the moment facts e2ist which show that the possessor is not 0naware that
he possesses the thing improperly or wrongf0lly. (4".a)
Art. .;. It is pres0med that possession contin0es to be enjoyed in the same character in
which it was ac:0ired/ 0ntil the contrary is proved. (4"4)
Art. ."=. )nly things and rights which are s0sceptible of being appropriated may be the
object of possession. (4"6)

#$A%&'(
A#BCI3I&I)> )7 %)33'33I)>

Art. ."1. %ossession is ac:0ired by the material occ0pation of a thing or the e2ercise of a
right/ or by the fact that it is s0bject to the action of o0r will/ or by the proper acts and
legal formalities established for ac:0iring s0ch right.(4"9a)
Art. .". %ossession may be ac:0ired by the same person who is to enjoy it/ by his legal
representative/ by his agent/ or by any person witho0t any power whatever: b0t in the
last case/ the possession shall not be considered as ac:0ired 0ntil the person in whose
name the act of possession was e2ec0ted has ratified the same/ witho0t prej0dice to the
j0ridical conse:0ences of negotior0m gestio in a proper case. (4";a)
Art. ."". &he possession of hereditary property is deemed transmitted to the heir witho0t
interr0ption and from the moment of the death of the decedent/ in case the inheritance is
accepted.
)ne who validly reno0nces an inheritance is deemed never to have possessed the
same. (44=)
Art. ."4. )n who s0cceeds by hereditary title shall not s0ffer the conse:0ences of the
wrongf0l possession of the decedent/ if it is not shown that he was aware of the flaws
affecting it; b0t the effects of possession in good faith shall not benefit him e2cept from
the date of the death of the decedent. (44)
Art. .".. !inors and incapacitated persons may ac:0ire the possession of things; b0t
they need the assistance of their legal representatives in order to e2ercise the rights
which from the possession arise in their favor. (44")
Art. ."4. In no case may possession be ac:0ired thro0gh force or intimidation as long as
there is a possessor who objects thereto. $e who believes that he has an action or a
right to deprive another of the holding of a thing/ m0st invo1e the aid of the competent
co0rt/ if the holder sho0ld ref0se to deliver the thing. (441a)
Art. ."6. Acts merely tolerated/ and those e2ec0ted clandestinely and witho0t the
1nowledge of the possessor of a thing/ or by violence/ do not affect possession. (444)
Art. ."9. %ossession as a fact cannot be recogni8ed at the same time in two different
personalities e2cept in the cases of co5possession. 3ho0ld a :0estion arise regarding
the fact of possession/ the present possessor shall be preferred; if there are two
possessors/ the one longer in possession; if the dates of the possession are the same/
the one who presents a title; and if all these conditions are e:0al/ the thing shall be
placed in j0dicial deposit pending determination of its possession or ownership thro0gh
proper proceedings. (44.)

#$A%&'( "
'77'#&3 )7 %)33'33I)>

Art. .";. 'very possessor has a right to be respected in his possession; and sho0ld he
be dist0rbed therein he shall be protected in or restored to said possession by the
means established by the laws and the (0les of #o0rt.
A possessor deprived of his possession thro0gh forcible entry may within ten days from
the filing of the complaint present a motion to sec0re from the competent co0rt/ in the
action for forcible entry/ a writ of preliminary mandatory inj0nction to restore him in his
possession. &he co0rt shall decide the motion within thirty ("=) days from the filing
thereof. (444a)
Art. .4=. )nly the possession ac:0ired and enjoyed in the concept of owner can serve as
a title for ac:0iring dominion. (446)
Art. .41. A possessor in the concept of owner has in his favor the legal pres0mption that
he possesses with a j0st title and he cannot be obliged to show or prove it. (449a)
Art. .4. &he possession of real property pres0mes that of the movables therein/ so long
as it is not shown or proved that they sho0ld be e2cl0ded.(44;)
Art. .4". 'ach one of the participants of a thing possessed in common shall be deemed
to have e2cl0sively possessed the part which may be allotted to him 0pon the division
thereof/ for the entire period d0ring which the co5possession lasted. Interr0ption in the
possession of the whole or a part of a thing possessed in common shall be to the
prej0dice of all the possessors. $owever/ in case of civil interr0ption/ the (0les of #o0rt
shall apply. (4.=a)
Art. .44. A possessor in good faith is entitled to the fr0its received before the possession
is legally interr0pted.
>at0ral and ind0strial fr0its are considered received from the time they are gathered or
severed.
#ivil fr0its are deemed to accr0e daily and belong to the possessor in good faith in that
proportion. (4.1)
Art. .4.. If at the time the good faith ceases/ there sho0ld be any nat0ral or ind0strial
fr0its/ the possessor shall have a right to a part of the e2penses of c0ltivation/ and to a
part of the net harvest/ both in proportion to the time of the possession.
&he charges shall be divided on the same basis by the two possessors.
&he owner of the thing may/ sho0ld he so desire/ give the possessor in good faith the
right to finish the c0ltivation and gathering of the growing fr0its/ as an indemnity for his
part of the e2penses of c0ltivation and the net proceeds; the possessor in good faith who
for any reason whatever sho0ld ref0se to accept this concession/ shall lose the right to
be indemnified in any other manner. (4.a)
Art. .44. >ecessary e2penses shall be ref0nded to every possessor; b0t only the
possessor in good faith may retain the thing 0ntil he has been reimb0rsed therefor.
Csef0l e2penses shall be ref0nded only to the possessor in good faith with the same
right of retention/ the person who has defeated him in the possession having the option
of ref0nding the amo0nt of the e2penses or of paying the increase in val0e which the
thing may have ac:0ired by reason thereof. (4."a)
Art. .46. If the 0sef0l improvements can be removed witho0t damage to the principal
thing/ the possessor in good faith may remove them/ 0nless the person who recovers the
possession e2ercises the option 0nder paragraph of the preceding article. (n)
Art. .49. '2penses for p0re l020ry or mere pleas0re shall not be ref0nded to the
possessor in good faith; b0t he may remove the ornaments with which he has
embellished the principal thing if it s0ffers no inj0ry thereby/ and if his s0ccessor in the
possession does not prefer to ref0nd the amo0nt e2pended.(4.4)
Art. .4;. &he possessor in bad faith shall reimb0rse the fr0its received and those which
the legitimate possessor co0ld have received/ and shall have a right only to the e2penses
mentioned in paragraph 1 of Article .44 and in Article 44". &he e2penses inc0rred in
improvements for p0re l020ry or mere pleas0re shall not be ref0nded to the possessor in
bad faith/ b0t he may remove the objects for which s0ch e2penses have been inc0rred/
provided that the thing s0ffers no inj0ry thereby/ and that the lawf0l possessor does not
prefer to retain them by paying the val0e they may have at the time he enters into
possession. (44.a)
Art. ..=. &he costs of litigation over the property shall be borne by every possessor. (n)
Art. ..1. Improvements ca0sed by nat0re or time shall always ins0re to the benefit of the
person who has s0cceeded in recovering possession. (4.4)
Art. ... A possessor in good faith shall not be liable for the deterioration or loss of the
thing possessed/ e2cept in cases in which it is proved that he has acted with fra0d0lent
intent or negligence/ after the j0dicial s0mmons.
A possessor in bad faith shall be liable for deterioration or loss in every case/ even if
ca0sed by a fort0ito0s event. (4.6a)
Art. ..". )ne who recovers possession shall not be obliged to pay for improvements
which have ceased to e2ist at the time he ta1es possession of the thing. (4.9)
Art. ..4. A present possessor who shows his possession at some previo0s time/ is
pres0med to have held possession also d0ring the intermediate period/ in the absence of
proof to the contrary. (4.;)
Art. .... A possessor may lose his possession:
(1) +y the abandonment of the thing;
() +y an assignment made to another either by onero0s or grat0ito0s title;
(") +y the destr0ction or total loss of the thing/ or beca0se it goes o0t of commerce;
(4) +y the possession of another/ s0bject to the provisions of Article ."6/ if the new
possession has lasted longer than one year. +0t the real right of possession is not lost
till after the lapse of ten years.(44=a)
Art. ..4. &he possession of movables is not deemed lost so long as they remain 0nder
the control of the possessor/ even tho0gh for the time being he may not 1now their
whereabo0ts. (441)
Art. ..6. &he possession of immovables and of real rights is not deemed lost/ or
transferred for p0rposes of prescription to the prej0dice of third persons/ e2cept in
accordance with the provisions of the !ortgage ,aw and the ,and (egistration
laws. (44a)
Art. ..9. Acts relating to possession/ e2ec0ted or agreed to by one who possesses a
thing belonging to another as a mere holder to enjoy or 1eep it/ in any character/ do not
bind or prej0dice the owner/ 0nless he gave said holder e2press a0thority to do s0ch
acts/ or ratifies them s0bse:0ently. (44")
Art. ..;. &he possession of movable property ac:0ired in good faith is e:0ivalent to a
title. >evertheless/ one who has lost any movable or has been 0nlawf0lly deprived
thereof may recover it from the person in possession of the same.
If the possessor of a movable lost or which the owner has been 0nlawf0lly deprived/ has
ac:0ired it in good faith at a p0blic sale/ the owner cannot obtain its ret0rn witho0t
reimb0rsing the price paid therefor. (444a)
Art. .4=. ?ild animals are possessed only while they are 0nder oneAs control;
domesticated or tamed animals are considered domestic or tame if they retain the habit
of ret0rning to the premises of the possessor. (44.)
Art. .41. )ne who recovers/ according to law/ possession 0nj0stly lost/ shall be deemed
for all p0rposes which may redo0nd to his benefit/ to have enjoyed it witho0t
interr0ption. (444)

&itle *I. 5 C3C7(C#&

#$A%&'( 1
C3C7(C#& I> @'>'(A,

Art. .4. Cs0fr0ct gives a right to enjoy the property of another with the obligation of
preserving its form and s0bstance/ 0nless the title constit0ting it or the law otherwise
provides. (446)
Art. .4". Cs0fr0ct is constit0ted by law/ by the will of private persons e2pressed in acts
inter vivos or in a last will and testament/ and by prescription. (449)
Art. .44. Cs0fr0ct may be constit0ted on the whole or a part of the fr0its of the thing/ in
favor of one more persons/ sim0ltaneo0sly or s0ccessively/ and in every case from or to
a certain day/ p0rely or conditionally. It may also be constit0ted on a right/ provided it is
not strictly personal or intransmissible.(44;)
Art. .4.. &he rights and obligations of the 0s0fr0ct0ary shall be those provided in the
title constit0ting the 0s0fr0ct; in defa0lt of s0ch title/ or in case it is deficient/ the
provisions contained in the two following #hapters shall be observed. (46=)

#$A%&'(
(I@$&3 )7 &$' C3C7(C#&CA(-

Art. .44. &he 0s0fr0ct0ary shall be entitled to all the nat0ral/ ind0strial and civil fr0its of
the property in 0s0fr0ct. ?ith respect to hidden treas0re which may be fo0nd on the land
or tenement/ he shall be considered a stranger.(461)
Art. .46. >at0ral or ind0strial fr0its growing at the time the 0s0fr0ct begins/ belong to the
0s0fr0ct0ary.
&hose growing at the time the 0s0fr0ct terminates/ belong to the owner.
In the preceding cases/ the 0s0fr0ct0ary/ at the beginning of the 0s0fr0ct/ has no
obligation to ref0nd to the owner any e2penses inc0rred; b0t the owner shall be obliged
to reimb0rse at the termination of the 0s0fr0ct/ from the proceeds of the growing fr0its/
the ordinary e2penses of c0ltivation/ for seed/ and other similar e2penses inc0rred by the
0s0fr0ct0ary.
&he provisions of this article shall not prej0dice the rights of third persons/ ac:0ired
either at the beginning or at the termination of the 0s0fr0ct. (46)
Art. .49. If the 0s0fr0ct0ary has leased the lands or tenements given in 0s0fr0ct/ and the
0s0fr0ct sho0ld e2pire before the termination of the lease/ he or his heirs and
s0ccessors shall receive only the proportionate share of the rent that m0st be paid by
the lessee. (46")
Art. .4;. #ivil fr0its are deemed to accr0e daily/ and belong to the 0s0fr0ct0ary in
proportion to the time the 0s0fr0ct may last. (464)
Art. .6=. ?henever a 0s0fr0ct is constit0ted on the right to receive a rent or periodical
pension/ whether in money or in fr0its/ or in the interest on bonds or sec0rities payable
to bearer/ each payment d0e shall be considered as the proceeds or fr0its of s0ch right.
?henever it consists in the enjoyment of benefits accr0ing from a participation in any
ind0strial or commercial enterprise/ the date of the distrib0tion of which is not fi2ed/
s0ch benefits shall have the same character.
In either case they shall be distrib0ted as civil fr0its/ and shall be applied in the manner
prescribed in the preceding article. (46.)
Art. .61. &he 0s0fr0ct0ary shall have the right to enjoy any increase which the thing in
0s0fr0ct may ac:0ire thro0gh accession/ the servit0des established in its favor/ and/ in
general/ all the benefits inherent therein.(46;)
Art. .6. &he 0s0fr0ct0ary may personally enjoy the thing in 0s0fr0ct/ lease it to another/
or alienate his right of 0s0fr0ct/ even by a grat0ito0s title; b0t all the contracts he may
enter into as s0ch 0s0fr0ct0ary shall terminate 0pon the e2piration of the 0s0fr0ct/
saving leases of r0ral lands/ which shall be considered as s0bsisting d0ring the
agric0lt0ral year. (49=)
Art. .6". ?henever the 0s0fr0ct incl0des things which/ witho0t being cons0med/
grad0ally deteriorate thro0gh wear and tear/ the 0s0fr0ct0ary shall have the right to
ma1e 0se thereof in accordance with the p0rpose for which they are intended/ and shall
not be obliged to ret0rn them at the termination of the 0s0fr0ct e2cept in their condition
at that time; b0t he shall be obliged to indemnify the owner for any deterioration they
may have s0ffered by reason of his fra0d or negligence. (491)
Art. .64. ?henever the 0s0fr0ct incl0des things which cannot be 0sed witho0t being
cons0med/ the 0s0fr0ct0ary shall have the right to ma1e 0se of them 0nder the
obligation of paying their appraised val0e at the termination of the 0s0fr0ct/ if they were
appraised when delivered. In case they were not appraised/ he shall have the right to
ret0rn at the same :0antity and :0ality/ or pay their c0rrent price at the time the 0s0fr0ct
ceases. (49)
Art. .6.. &he 0s0fr0ct0ary of fr0it5bearing trees and shr0bs may ma1e 0se of the dead
tr0n1s/ and even of those c0t off or 0prooted by accident/ 0nder the obligation to replace
them with new plants. (49"a)
Art. .64. If in conse:0ence of a calamity or e2traordinary event/ the trees or shr0bs shall
have disappeared in s0ch considerable n0mber that it wo0ld not be possible or it wo0ld
be too b0rdensome to replace them/ the 0s0fr0ct0ary may leave the dead/ fallen or
0prooted tr0n1s at the disposal of the owner/ and demand that the latter remove them
and clear the land. (494a)
Art. .66. &he 0s0fr0ct0ary of woodland may enjoy all the benefits which it may prod0ce
according to its nat0re.
If the woodland is a copse or consists of timber for b0ilding/ the 0s0fr0ct0ary may do
s0ch ordinary c0tting or felling as the owner was in the habit of doing/ and in defa0lt of
this/ he may do so in accordance with the c0stom of the place/ as to the manner/ amo0nt
and season.
In any case the felling or c0tting of trees shall be made in s0ch manner as not to
prej0dice the preservation of the land.
In n0rseries/ the 0s0fr0ct0ary may ma1e the necessary thinnings in order that the
remaining trees may properly grow.
?ith the e2ception of the provisions of the preceding paragraphs/ the 0s0fr0ct0ary
cannot c0t down trees 0nless it be to restore or improve some of the things in 0s0fr0ct/
and in s0ch case shall first inform the owner of the necessity for the wor1. (49.)
Art. .69. &he 0s0fr0ct0ary of an action to recover real property or a real right/ or any
movable property/ has the right to bring the action and to oblige the owner thereof to
give him the a0thority for this p0rpose and to f0rnish him whatever proof he may have. If
in conse:0ence of the enforcement of the action he ac:0ires the thing claimed/ the
0s0fr0ct shall be limited to the fr0its/ the dominion remaining with the owner. (494)
Art. .6;. &he 0s0fr0ct0ary may ma1e on the property held in 0s0fr0ct s0ch 0sef0l
improvements or e2penses for mere pleas0re as he may deem proper/ provided he does
not alter its form or s0bstance; b0t he shall have no right to be indemnified therefor. $e
may/ however/ remove s0ch improvements/ sho0ld it be possible to do so witho0t
damage to the property. (496)
Art. .9=. &he 0s0fr0ct0ary may set off the improvements he may have made on the
property against any damage to the same. (499)
Art. .91. &he owner of property the 0s0fr0ct of which is held by another/ may alienate it/
b0t he cannot alter its form or s0bstance/ or do anything thereon which may be
prej0dicial to the 0s0fr0ct0ary. (49;)
Art. .9. &he 0s0fr0ct0ary of a part of a thing held in common shall e2ercise all the rights
pertaining to the owner thereof with respect to the administration and the collection of
fr0its or interest. 3ho0ld the co5ownership cease by reason of the division of the thing
held in common/ the 0s0fr0ct of the part allotted to the co5owner shall belong to the
0s0fr0ct0ary.(4;=)

#$A%&'( "
)+,I@A&I)>3 )7 &$' C3C7(C#&CA(-

Art. .9". &he 0s0fr0ct0ary/ before entering 0pon the enjoyment of the property/ is
obliged:
(1) &o ma1e/ after notice to the owner or his legitimate representative/ an inventory of all
the property/ which shall contain an appraisal of the movables and a description of the
condition of the immovables;
() &o give sec0rity/ binding himself to f0lfill the obligations imposed 0pon him in
accordance with this #hapter. (4;1)
Art. .94. &he provisions of >o. of the preceding article shall not apply to the donor who
has reserved the 0s0fr0ct of the property donated/ or to the parents who are
0s0fr0ct0aries of their childrenAs property/ e2cept when the parents contract a second
marriage. (4;a)
Art. .9.. &he 0s0fr0ct0ary/ whatever may be the title of the 0s0fr0ct/ may be e2c0sed
from the obligation of ma1ing an inventory or of giving sec0rity/ when no one will be
inj0red thereby. (4;")
Art. .94. 3ho0ld the 0s0fr0ct0ary fail to give sec0rity in the cases in which he is bo0nd to
give it/ the owner may demand that the immovables be placed 0nder administration/ that
the movables be sold/ that the p0blic bonds/ instr0ments of credit payable to order or to
bearer be converted into registered certificates or deposited in a ban1 or p0blic
instit0tion/ and that the capital or s0ms in cash and the proceeds of the sale of the
movable property be invested in safe sec0rities.
&he interest on the proceeds of the sale of the movables and that on p0blic sec0rities
and bonds/ and the proceeds of the property placed 0nder administration/ shall belong to
the 0s0fr0ct0ary.
70rthermore/ the owner may/ if he so prefers/ 0ntil the 0s0fr0ct0ary gives sec0rity or is
e2c0sed from so doing/ retain in his possession the property in 0s0fr0ct as
administrator/ s0bject to the obligation to deliver to the 0s0fr0ct0ary the net proceeds
thereof/ after ded0cting the s0ms which may be agreed 0pon or j0dicially allowed him for
s0ch administration. (4;4)
Art. .96. If the 0s0fr0ct0ary who has not given sec0rity claims/ by virt0e of a promise
0nder oath/ the delivery of the f0rnit0re necessary for his 0se/ and that he and his family
be allowed to live in a ho0se incl0ded in the 0s0fr0ct/ the co0rt may grant this petition/
after d0e consideration of the facts of the case.
&he same r0le shall be observed with respect to implements/ tools and other movable
property necessary for an ind0stry or vocation in which he is engaged.
If the owner does not wish that certain articles be sold beca0se of their artistic worth or
beca0se they have a sentimental val0e/ he may demand their delivery to him 0pon his
giving sec0rity for the payment of the legal interest on their appraised val0e. (4;.)
Art. .99. After the sec0rity has been given by the 0s0fr0ct0ary/ he shall have a right to all
the proceeds and benefits from the day on which/ in accordance with the title
constit0ting the 0s0fr0ct/ he sho0ld have commenced to receive them. (4;4)
Art. .9;. &he 0s0fr0ct0ary shall ta1e care of the things given in 0s0fr0ct as a good father
of a family. (4;6)
Art. .;=. A 0s0fr0ct0ary who alienates or leases his right of 0s0fr0ct shall answer for any
damage which the things in 0s0fr0ct may s0ffer thro0gh the fa0lt or negligence of the
person who s0bstit0tes him. (4;9)
Art. .;1. If the 0s0fr0ct be constit0ted on a floc1 or herd of livestoc1/ the 0s0fr0ct0ary
shall be obliged to replace with the yo0ng thereof the animals that die each year from
nat0ral ca0ses/ or are lost d0e to the rapacity of beasts of prey.
If the animals on which the 0s0fr0ct is constit0ted sho0ld all perish/ witho0t the fa0lt of
the 0s0fr0ct0ary/ on acco0nt of some contagio0s disease or any other 0ncommon event/
the 0s0fr0ct0ary shall f0lfill his obligation by delivering to the owner the remains which
may have been saved from the misfort0ne.
3ho0ld the herd or floc1 perish in part/ also by accident and witho0t the fa0lt of the
0s0fr0ct0ary/ the 0s0fr0ct shall contin0e on the part saved.
3ho0ld the 0s0fr0ct be on sterile animals/ it shall be considered/ with respect to its
effects/ as tho0gh constit0ted on f0ngible things. (4;;a)
Art. .;. &he 0s0fr0ct0ary is obliged to ma1e the ordinary repairs needed by the thing
given in 0s0fr0ct.
+y ordinary repairs are 0nderstood s0ch as are re:0ired by the wear and tear d0e to the
nat0ral 0se of the thing and are indispensable for its preservation. 3ho0ld the
0s0fr0ct0ary fail to ma1e them after demand by the owner/ the latter may ma1e them at
the e2pense of the 0s0fr0ct0ary. (.==)
Art. .;". '2traordinary repairs shall be at the e2pense of the owner. &he 0s0fr0ct0ary is
obliged to notify the owner when the need for s0ch repairs is 0rgent. (.=1)
Art. .;4. If the owner sho0ld ma1e the e2traordinary repairs/ he shall have a right to
demand of the 0s0fr0ct0ary the legal interest on the amo0nt e2pended for the time that
the 0s0fr0ct lasts.
3ho0ld he not ma1e them when they are indispensable for the preservation of the thing/
the 0s0fr0ct0ary may ma1e them; b0t he shall have a right to demand of the owner/ at the
termination of the 0s0fr0ct/ the increase in val0e which the immovable may have
ac:0ired by reason of the repairs.(.=a)
Art. .;.. &he owner may constr0ct any wor1s and ma1e any improvements of which the
immovable in 0s0fr0ct is s0sceptible/ or ma1e new plantings thereon if it be r0ral/
provided that s0ch acts do not ca0se a dimin0tion in the val0e of the 0s0fr0ct or
prej0dice the right of the 0s0fr0ct0ary. (.=")
Art. .;4. &he payment of ann0al charges and ta2es and of those considered as a lien on
the fr0its/ shall be at the e2pense of the 0s0fr0ct0ary for all the time that the 0s0fr0ct
lasts. (.=4)
Art. .;6. &he ta2es which/ d0ring the 0s0fr0ct/ may be imposed directly on the capital/
shall be at the e2pense of the owner.
If the latter has paid them/ the 0s0fr0ct0ary shall pay him the proper interest on the s0ms
which may have been paid in that character; and/ if the said s0ms have been advanced
by the 0s0fr0ct0ary/ he shall recover the amo0nt thereof at the termination of the
0s0fr0ct. (.=.)
Art. .;9. If the 0s0fr0ct be constit0ted on the whole of a patrimony/ and if at the time of
its constit0tion the owner has debts/ the provisions of Articles 6.9 and 6.; relating to
donations shall be applied/ both with respect to the maintenance of the 0s0fr0ct and to
the obligation of the 0s0fr0ct0ary to pay s0ch debts.
&he same r0le shall be applied in case the owner is obliged/ at the time the 0s0fr0ct is
constit0ted/ to ma1e periodical payments/ even if there sho0ld be no 1nown capital. (.=4)
Art. .;;. &he 0s0fr0ct0ary may claim any mat0red credits which form a part of the
0s0fr0ct if he has given or gives the proper sec0rity. If he has been e2c0sed from giving
sec0rity or has been able to give it/ or if that given is not s0fficient/ he shall need the
a0thori8ation of the owner/ or of the co0rt in defa0lt thereof/ to collect s0ch credits.
&he 0s0fr0ct0ary who has given sec0rity may 0se the capital he has collected in any
manner he may deem proper. &he 0s0fr0ct0ary who has not given sec0rity shall invest
the said capital at interest 0pon agreement with the owner; in defa0lt of s0ch agreement/
with j0dicial a0thori8ation; and/ in every case/ with sec0rity s0fficient to preserve the
integrity of the capital in 0s0fr0ct. (.=6)
Art. 4==. &he 0s0fr0ct0ary of a mortgaged immovable shall not be obliged to pay the debt
for the sec0rity of which the mortgage was constit0ted.
3ho0ld the immovable be attached or sold j0dicially for the payment of the debt/ the
owner shall be liable to the 0s0fr0ct0ary for whatever the latter may lose by reason
thereof. (.=;)
Art. 4=1. &he 0s0fr0ct0ary shall be obliged to notify the owner of any act of a third
person/ of which he may have 1nowledge/ that may be prej0dicial to the rights of
ownership/ and he shall be liable sho0ld he not do so/ for damages/ as if they had been
ca0sed thro0gh his own fa0lt. (.11)
Art. 4=. &he e2penses/ costs and liabilities in s0its bro0ght with regard to the 0s0fr0ct
shall be borne by the 0s0fr0ct0ary. (.1)
#$A%&'( 4
'E&I>@CI3$!'>& )7 C3C7(C#&

Art. 4=". Cs0fr0ct is e2ting0ished:
(1) +y the death of the 0s0fr0ct0ary/ 0nless a contrary intention clearly appears;
() +y the e2piration of the period for which it was constit0ted/ or by the f0lfillment of any
resol0tory condition provided in the title creating the 0s0fr0ct;
(") +y merger of the 0s0fr0ct and ownership in the same person;
(4) +y ren0nciation of the 0s0fr0ct0ary;
(.) +y the total loss of the thing in 0s0fr0ct;
(4) +y the termination of the right of the person constit0ting the 0s0fr0ct;
(6) +y prescription. (.1"a)
Art. 4=4. If the thing given in 0s0fr0ct sho0ld be lost only in part/ the right shall contin0e
on the remaining part. (.14)
Art. 4=.. Cs0fr0ct cannot be constit0ted in favor of a town/ corporation/ or association
for more than fifty years. If it has been constit0ted/ and before the e2piration of s0ch
period the town is abandoned/ or the corporation or association is dissolved/ the
0s0fr0ct shall be e2ting0ished by reason thereof.(.1.a)
Art. 4=4. A 0s0fr0ct granted for the time that may elapse before a third person attains a
certain age/ shall s0bsist for the n0mber of years specified/ even if the third person
sho0ld die before the period e2pires/ 0nless s0ch 0s0fr0ct has been e2pressly granted
only in consideration of the e2istence of s0ch person. (.14)
Art. 4=6. If the 0s0fr0ct is constit0ted on immovable property of which a b0ilding forms
part/ and the latter sho0ld be destroyed in any manner whatsoever/ the 0s0fr0ct0ary
shall have a right to ma1e 0se of the land and the materials.
&he same r0le shall be applied if the 0s0fr0ct is constit0ted on a b0ilding only and the
same sho0ld be destroyed. +0t in s0ch a case/ if the owner sho0ld wish to constr0ct
another b0ilding/ he shall have a right to occ0py the land and to ma1e 0se of the
materials/ being obliged to pay to the 0s0fr0ct0ary/ d0ring the contin0ance of the
0s0fr0ct/ the interest 0pon the s0m e:0ivalent to the val0e of the land and of the
materials. (.16)
Art. 4=9. If the 0s0fr0ct0ary shares with the owner the ins0rance of the tenement given in
0s0fr0ct/ the former shall/ in case of loss/ contin0e in the enjoyment of the new b0ilding/
sho0ld one be constr0cted/ or shall receive the interest on the ins0rance indemnity if the
owner does not wish to reb0ild.
3ho0ld the 0s0fr0ct0ary have ref0sed to contrib0te to the ins0rance/ the owner ins0ring
the tenement alone/ the latter shall receive the f0ll amo0nt of the ins0rance indemnity in
case of loss/ saving always the right granted to the 0s0fr0ct0ary in the preceding
article. (.19a)
Art. 4=;. 3ho0ld the thing in 0s0fr0ct be e2propriated for p0blic 0se/ the owner shall be
obliged either to replace it with another thing of the same val0e and of similar conditions/
or to pay the 0s0fr0ct0ary the legal interest on the amo0nt of the indemnity for the whole
period of the 0s0fr0ct. If the owner chooses the latter alternative/ he shall give sec0rity
for the payment of the interest. (.1;)
Art. 41=. A 0s0fr0ct is not e2ting0ished by bad 0se of the thing in 0s0fr0ct; b0t if the
ab0se sho0ld ca0se considerable inj0ry to the owner/ the latter may demand that the
thing be delivered to him/ binding himself to pay ann0ally to the 0s0fr0ct0ary the net
proceeds of the same/ after ded0cting the e2penses and the compensation which may be
allowed him for its administration. (.=)
Art. 411. A 0s0fr0ct constit0ted in favor of several persons living at the time of its
constit0tion shall not be e2ting0ished 0ntil death of the last s0rvivor.(.1)
Art. 41. Cpon the termination of the 0s0fr0ct/ the thing in 0s0fr0ct shall be delivered to
the owner/ witho0t prej0dice to the right of retention pertaining to the 0s0fr0ct0ary or his
heirs for ta2es and e2traordinary e2penses which sho0ld be reimb0rsed. After the
delivery has been made/ the sec0rity or mortgage shall be cancelled. (.a)
&itle *II. 5 'A3'!'>&3 )7 3'(*I&C<'3

#$A%&'( 1
'A3'!'>&3 I> @'>'(A,

3'#&I)> 1. 5 <ifferent Dinds of 'asements

Art. 41". An easement or servit0de is an enc0mbrance imposed 0pon an immovable for
the benefit of another immovable belonging to a different owner.
&he immovable in favor of which the easement is established is called the dominant
estate; that which is s0bject thereto/ the servient estate. (."=)
Art. 414. 3ervit0des may also be established for the benefit of a comm0nity/ or of one or
more persons to whom the enc0mbered estate does not belong.(."1)
Art. 41.. 'asements may be contin0o0s or discontin0o0s/ apparent or nonapparent.
#ontin0o0s easements are those the 0se of which is or may be incessant/ witho0t the
intervention of any act of man.
<iscontin0o0s easements are those which are 0sed at intervals and depend 0pon the
acts of man.
Apparent easements are those which are made 1nown and are contin0ally 1ept in view
by e2ternal signs that reveal the 0se and enjoyment of the same.
>onapparent easements are those which show no e2ternal indication of their
e2istence. (.")
Art. 414. 'asements are also positive or negative.
A positive easement is one which imposes 0pon the owner of the servient estate the
obligation of allowing something to be done or of doing it himself/ and a negative
easement/ that which prohibits the owner of the servient estate from doing something
which he co0ld lawf0lly do if the easement did not e2ist. (."")
Art. 416. 'asements are inseparable from the estate to which they actively or passively
belong. (."4)
Art. 419. 'asements are indivisible. If the servient estate is divided between two or more
persons/ the easement is not modified/ and each of them m0st bear it on the part which
corresponds to him.
If it is the dominant estate that is divided between two or more persons/ each of them
may 0se the easement in its entirety/ witho0t changing the place of its 0se/ or ma1ing it
more b0rdensome in any other way. (.".)
Art. 41;. 'asements are established either by law or by the will of the owners. &he former
are called legal and the latter vol0ntary easements. (."4)

3'#&I)> . 5 !odes of Ac:0iring 'asements

Art. 4=. #ontin0o0s and apparent easements are ac:0ired either by virt0e of a title or by
prescription of ten years. (."6a)
Art. 41. In order to ac:0ire by prescription the easements referred to in the preceding
article/ the time of possession shall be comp0ted th0s: in positive easements/ from the
day on which the owner of the dominant estate/ or the person who may have made 0se of
the easement/ commenced to e2ercise it 0pon the servient estate; and in negative
easements/ from the day on which the owner of the dominant estate forbade/ by an
instr0ment ac1nowledged before a notary p0blic/ the owner of the servient estate/ from
e2ec0ting an act which wo0ld be lawf0l witho0t the easement. (."9a)
Art. 4. #ontin0o0s nonapparent easements/ and discontin0o0s ones/ whether apparent
or not/ may be ac:0ired only by virt0e of a title. (.";)
Art. 4". &he absence of a doc0ment or proof showing the origin of an easement which
cannot be ac:0ired by prescription may be c0red by a deed of recognition by the owner
of the servient estate or by a final j0dgment.(.4=a)
Art. 44. &he e2istence of an apparent sign of easement between two estates/ established
or maintained by the owner of both/ shall be considered/ sho0ld either of them be
alienated/ as a title in order that the easement may contin0e actively and passively/
0nless/ at the time the ownership of the two estates is divided/ the contrary sho0ld be
provided in the title of conveyance of either of them/ or the sign aforesaid sho0ld be
removed before the e2ec0tion of the deed. &his provision shall also apply in case of the
division of a thing owned in common by two or more persons. (.41a)
Art. 4.. Cpon the establishment of an easement/ all the rights necessary for its 0se are
considered granted. (.4)
Art. 44. &he owner of the dominant estate cannot 0se the easement e2cept for the
benefit of the immovable originally contemplated. >either can he e2ercise the easement
in any other manner than that previo0sly established.(n)

3'#&I)> ". 5 (ights and )bligations
of the )wners of the <ominant and 3ervient 'states

Art. 46. &he owner of the dominant estate may ma1e/ at his own e2pense/ on the
servient state any wor1s necessary for the 0se and preservation of the servit0de/ b0t
witho0t altering it or rendering it more b0rdensome.
7or this p0rpose he shall notify the owner of the servient estate/ and shall choose the
most convenient time and manner so as to ca0se the least inconvenience to the owner of
the servient estate. (.4"a)
Art. 49. 3ho0ld there be several dominant estates/ the owners of all of them shall be
obliged to contrib0te to the e2penses referred to in the preceding article/ in proportion to
the benefits which each may derive from the wor1. Any one who does not wish to
contrib0te may e2empt himself by reno0ncing the easement for the benefit of the others.
If the owner of the servient estate sho0ld ma1e 0se of the easement in any manner
whatsoever/ he shall also be obliged to contrib0te to the e2penses in the proportion
stated/ saving an agreement to the contrary. (.44)
Art. 4;. &he owner of the servient estate cannot impair/ in any manner whatsoever/ the
0se of the servit0de.
>evertheless/ if by reason of the place originally assigned/ or of the manner established
for the 0se of the easement/ the same sho0ld become very inconvenient to the owner of
the servient estate/ or sho0ld prevent him from ma1ing any important wor1s/ repairs or
improvements thereon/ it may be changed at his e2pense/ provided he offers another
place or manner e:0ally convenient and in s0ch a way that no inj0ry is ca0sed thereby to
the owner of the dominant estate or to those who may have a right to the 0se of the
easement. (.4.)
Art. 4"=. &he owner of the servient estate retains the ownership of the portion on which
the easement is established/ and may 0se the same in s0ch a manner as not to affect the
e2ercise of the easement. (n)

3'#&I)> 4. 5 !odes of '2ting0ishment of 'asements
Art. 4"1. 'asements are e2ting0ished:
(1) +y merger in the same person of the ownership of the dominant and servient estates;
() +y non0ser for ten years; with respect to discontin0o0s easements/ this period shall
be comp0ted from the day on which they ceased to be 0sed; and/ with respect to
contin0o0s easements/ from the day on which an act contrary to the same too1 place;
(") ?hen either or both of the estates fall into s0ch condition that the easement cannot
be 0sed; b0t it shall revive if the s0bse:0ent condition of the estates or either of them
sho0ld again permit its 0se/ 0nless when the 0se becomes possible/ s0fficient time for
prescription has elapsed/ in accordance with the provisions of the preceding n0mber;
(4) +y the e2piration of the term or the f0lfillment of the condition/ if the easement is
temporary or conditional;
(.) +y the ren0nciation of the owner of the dominant estate;
(4) +y the redemption agreed 0pon between the owners of the dominant and servient
estates. (.44a)
Art. 4". &he form or manner of 0sing the easement may prescribe as the easement itself/
and in the same way. (.46a)
Art. 4"". If the dominant estate belongs to several persons in common/ the 0se of the
easement by any one of them prevents prescription with respect to the others. (.49)

#$A%&'(
,'@A, 'A3'!'>&3

3'#&I)> 1. 5 @eneral %rovisions

Art. 4"4. 'asements imposed by law have for their object either p0blic 0se or the interest
of private persons. (.4;)
Art. 4".. All matters concerning easements established for p0blic or comm0nal 0se shall
be governed by the special laws and reg0lations relating thereto/ and/ in the absence
thereof/ by the provisions of this &itle. (..=)
Art. 4"4. 'asements established by law in the interest of private persons or for private
0se shall be governed by the provisions of this &itle/ witho0t prej0dice to the provisions
of general or local laws and ordinances for the general welfare.
&hese easements may be modified by agreement of the interested parties/ whenever the
law does not prohibit it or no inj0ry is s0ffered by a third person. (..1a)

3'#&I)> . 5 'asements (elating to ?aters

Art. 4"6. ,ower estates are obliged to receive the waters which nat0rally and witho0t the
intervention of man descend from the higher estates/ as well as the stones or earth
which they carry with them.
&he owner of the lower estate cannot constr0ct wor1s which will impede this easement;
neither can the owner of the higher estate ma1e wor1s which will increase the
b0rden. (..)
Art. 4"9. &he ban1s of rivers and streams/ even in case they are of private ownership/ are
s0bject thro0gho0t their entire length and within a 8one of three meters along their
margins/ to the easement of p0blic 0se in the general interest of navigation/ floatage/
fishing and salvage.
'states adjoining the ban1s of navigable or floatable rivers are/ f0rthermore/ s0bject to
the easement of towpath for the e2cl0sive service of river navigation and floatage.
If it be necessary for s0ch p0rpose to occ0py lands of private ownership/ the proper
indemnity shall first be paid. (.."a)
Art. 4";. ?henever for the diversion or ta1ing of water from a river or broo1/ or for the
0se of any other contin0o0s or discontin0o0s stream/ it sho0ld be necessary to b0ild a
dam/ and the person who is to constr0ct it is not the owner of the ban1s/ or lands which
m0st s0pport it/ he may establish the easement of ab0tment of a dam/ after payment of
the proper indemnity.(..4)
Art. 44=. #omp0lsory easements for drawing water or for watering animals can be
imposed only for reasons of p0blic 0se in favor of a town or village/ after payment of the
proper indemnity. (...)
Art. 441. 'asements for drawing water and for watering animals carry with them the
obligation of the owners of the servient estates to allow passage to persons and animals
to the place where s0ch easements are to be 0sed/ and the indemnity shall incl0de this
service. (..4)
Art. 44. Any person who may wish to 0se 0pon his own estate any water of which he
can dispose shall have the right to ma1e it flow thro0gh the intervening estates/ with the
obligation to indemnify their owners/ as well as the owners of the lower estates 0pon
which the waters may filter or descend. (..6)
Art. 44". )ne desiring to ma1e 0se of the right granted in the preceding article is obliged:
(1) &o prove that he can dispose of the water and that it is s0fficient for the 0se for which
it is intended;
() &o show that the proposed right of way is the most convenient and the least onero0s
to third persons;
(") &o indemnify the owner of the servient estate in the manner determined by the laws
and reg0lations. (..9)
Art. 444. &he easement of a:0ed0ct for private interest cannot be imposed on b0ildings/
co0rtyards/ anne2es/ or o0tho0ses/ or on orchards or gardens already e2isting. (..;)
Art. 44.. &he easement of a:0ed0ct does not prevent the owner of the servient estate
from closing or fencing it/ or from b0ilding over the a:0ed0ct in s0ch manner as not to
ca0se the latter any damage/ or render necessary repairs and cleanings impossible. (.4=)
Art. 444. 7or legal p0rposes/ the easement of a:0ed0ct shall be considered as
contin0o0s and apparent/ even tho0gh the flow of the water may not be contin0o0s/ or
its 0se depends 0pon the needs of the dominant estate/ or 0pon a sched0le of alternate
days or ho0rs. (.41)
Art. 446. )ne who for the p0rpose of irrigating or improving his estate/ has to constr0ct a
stop loc1 or sl0ice gate in the bed of the stream from which the water is to be ta1en/ may
demand that the owners of the ban1s permit its constr0ction/ after payment of damages/
incl0ding those ca0sed by the new easement to s0ch owners and to the other
irrigators. (.4)
Art. 449. &he establishment/ e2tent/ form and conditions of the servit0des of waters/ to
which this section refers/ shall be governed by the special laws relating thereto insofar
as no provision therefor is made in this #ode. (.4"a)

3'#&I)> ". 5 'asement of (ight of ?ay

Art. 44;. &he owner/ or any person who by virt0e of a real right may c0ltivate or 0se any
immovable/ which is s0rro0nded by other immovables pertaining to other persons and
witho0t ade:0ate o0tlet to a p0blic highway/ is entitled to demand a right of way thro0gh
the neighboring estates/ after payment of the proper indemnity.
3ho0ld this easement be established in s0ch a manner that its 0se may be contin0o0s
for all the needs of the dominant estate/ establishing a permanent passage/ the
indemnity shall consist of the val0e of the land occ0pied and the amo0nt of the damage
ca0sed to the servient estate.
In case the right of way is limited to the necessary passage for the c0ltivation of the
estate s0rro0nded by others and for the gathering of its crops thro0gh the servient
estate witho0t a permanent way/ the indemnity shall consist in the payment of the
damage ca0sed by s0ch enc0mbrance.
&his easement is not comp0lsory if the isolation of the immovable is d0e to the
proprietorAs own acts. (.44a)
Art. 4.=. &he easement of right of way shall be established at the point least prej0dicial to
the servient estate/ and/ insofar as consistent with this r0le/ where the distance from the
dominant estate to a p0blic highway may be the shortest. (.4.)
Art. 4.1. &he width of the easement of right of way shall be that which is s0fficient for the
needs of the dominant estate/ and may accordingly be changed from time to time. (.44a)
Art. 4.. ?henever a piece of land ac:0ired by sale/ e2change or partition/ is s0rro0nded
by other estates of the vendor/ e2changer/ or co5owner/ he shall be obliged to grant a
right of way witho0t indemnity.
In case of a simple donation/ the donor shall be indemnified by the donee for the
establishment of the right of way. (.46a)
Art. 4.". In the case of the preceding article/ if it is the land of the grantor that becomes
isolated/ he may demand a right of way after paying a indemnity. $owever/ the donor
shall not be liable for indemnity. (n)
Art. 4.4. If the right of way is permanent/ the necessary repairs shall be made by the
owner of the dominant estate. A proportionate share of the ta2es shall be reimb0rsed by
said owner to the proprietor of the servient estate. (n)
Art. 4... If the right of way granted to a s0rro0nded estate ceases to be necessary
beca0se its owner has joined it to another ab0tting on a p0blic road/ the owner of the
servient estate may demand that the easement be e2ting0ished/ ret0rning what he may
have received by way of indemnity. &he interest on the indemnity shall be deemed to be
in payment of rent for the 0se of the easement.
&he same r0le shall be applied in case a new road is opened giving access to the isolated
estate.
In both cases/ the p0blic highway m0st s0bstantially meet the needs of the dominant
estate in order that the easement may be e2ting0ished. (.49a)
Art. 4.4. If it be indispensable for the constr0ction/ repair/ improvement/ alteration or
bea0tification of a b0ilding/ to carry materials thro0gh the estate of another/ or to raise
therein scaffolding or other objects necessary for the wor1/ the owner of s0ch estate
shall be obliged to permit the act/ after receiving payment of the proper indemnity for the
damage ca0sed him.(.4;a)
Art. 4.6. 'asements of the right of way for the passage of livestoc1 1nown as animal
path/ animal trail or any other/ and those for watering places/ resting places and animal
folds/ shall be governed by the ordinances and reg0lations relating thereto/ and/ in the
absence thereof/ by the 0sages and c0stoms of the place.
?itho0t prej0dice to rights legally ac:0ired/ the animal path shall not e2ceed in any case
the width of 6. meters/ and the animal trail that of "6 meters and .= centimeters.
?henever it is necessary to establish a comp0lsory easement of the right of way or for a
watering place for animals/ the provisions of this 3ection and those of Articles 44= and
441 shall be observed. In this case the width shall not e2ceed 1= meters. (.6=a)

3'#&I)> 4. 5 'asement of %arty ?all

Art. 4.9. &he easement of party wall shall be governed by the provisions of this &itle/ by
the local ordinances and c0stoms insofar as they do not conflict with the same/ and by
the r0les of co5ownership. (.61a)
Art. 4.;. &he e2istence of an easement of party wall is pres0med/ 0nless there is a title/
or e2terior sign/ or proof to the contrary:
(1) In dividing walls of adjoining b0ildings 0p to the point of common elevation;
() In dividing walls of gardens or yards sit0ated in cities/ towns/ or in r0ral comm0nities;
(") In fences/ walls and live hedges dividing r0ral lands. (.6)
Art. 44=. It is 0nderstood that there is an e2terior sign/ contrary to the easement of party
wall:
(1) ?henever in the dividing wall of b0ildings there is a window or opening;
() ?henever the dividing wall is/ on one side/ straight and pl0mb on all its facement/ and
on the other/ it has similar conditions on the 0pper part/ b0t the lower part slants or
projects o0tward;
(") ?henever the entire wall is b0ilt within the bo0ndaries of one of the estates;
(4) ?henever the dividing wall bears the b0rden of the binding beams/ floors and roof
frame of one of the b0ildings/ b0t not those of the others;
(.) ?henever the dividing wall between co0rtyards/ gardens/ and tenements is
constr0cted in s0ch a way that the coping sheds the water 0pon only one of the estates;
(4) ?henever the dividing wall/ being b0ilt of masonry/ has stepping stones/ which at
certain intervals project from the s0rface on one side only/ b0t not on the other;
(6) ?henever lands inclosed by fences or live hedges adjoin others which are not
inclosed.
In all these cases/ the ownership of the walls/ fences or hedges shall be deemed to
belong e2cl0sively to the owner of the property or tenement which has in its favor the
pres0mption based on any one of these signs. (.6")
Art. 441. <itches or drains opened between two estates are also pres0med as common to
both/ if there is no title or sign showing the contrary.
&here is a sign contrary to the part5ownership whenever the earth or dirt removed to
open the ditch or to clean it is only on one side thereof/ in which case the ownership of
the ditch shall belong e2cl0sively to the owner of the land having this e2terior sign in its
favor. (.64)
Art. 44. &he cost of repairs and constr0ction 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.
>evertheless/ any owner may e2empt himself from contrib0ting to this charge by
reno0ncing his part5ownership/ e2cept when the party wall s0pports a b0ilding belonging
to him. (.6.)
Art. 44". If the owner of a b0ilding/ s0pported by a party wall desires to demolish the
b0ilding/ he may also reno0nce his part5ownership of the wall/ b0t the cost of all repairs
and wor1 necessary to prevent any damage which the demolition may ca0se to the party
wall/ on this occasion only/ shall be borne by him. (.64)
Art. 444. 'very owner may increase the height of the party wall/ doing at his own e2pense
and paying for any damage which may be ca0sed by the wor1/ even tho0gh s0ch damage
be temporary.
&he e2penses of maintaining the wall in the part newly raised or deepened at its
fo0ndation shall also be paid for by him; and/ in addition/ the indemnity for the increased
e2penses which may be necessary for the preservation of the party wall by reason of the
greater height or depth which has been given it.
If the party wall cannot bear the increased height/ the owner desiring to raise it shall be
obliged to reconstr0ct it at his own e2pense and/ if for this p0rpose it be necessary to
ma1e it thic1er/ he shall give the space re:0ired from his own land. (.66)
Art. 44.. &he other owners who have not contrib0ted in giving increased height/ depth or
thic1ness to the wall may/ nevertheless/ ac:0ire the right of part5ownership therein/ by
paying proportionally the val0e of the wor1 at the time of the ac:0isition and of the land
0sed for its increased thic1ness. (.69a)
Art. 444. 'very part5owner of a party wall may 0se it in proportion to the right he may
have in the co5ownership/ witho0t interfering with the common and respective 0ses by
the other co5owners. (.6;a)

3'#&I)> .. 5 'asement of ,ight and *iew

Art. 446. >o part5owner may/ witho0t the consent of the others/ open thro0gh the party
wall any window or apert0re of any 1ind. (.9=)
Art. 449. &he period of prescription for the ac:0isition of an easement of light and view
shall be co0nted:
(1) 7rom the time of the opening of the window/ if it is thro0gh a party wall; or
() 7rom the time of the formal prohibition 0pon the proprietor of the adjoining land or
tenement/ if the window is thro0gh a wall on the dominant estate. (n)
Art. 44;. ?hen the distances in Article 46= are not observed/ the owner of a wall which is
not party wall/ adjoining a tenement or piece of land belonging to another/ can ma1e in it
openings to admit light at the height of the ceiling joints or immediately 0nder the ceiling/
and of the si8e of thirty centimeters s:0are/ and/ in every case/ with an iron grating
imbedded in the wall and with a wire screen.
>evertheless/ the owner of the tenement or property adjoining the wall in which the
openings are made can close them sho0ld he ac:0ire part5ownership thereof/ if there be
no stip0lation to the contrary.
$e can also obstr0ct them by constr0cting a b0ilding on his land or by raising a wall
thereon contig0o0s to that having s0ch openings/ 0nless an easement of light has been
ac:0ired. (.91a)
Art. 46=. >o windows/ apert0res/ balconies/ or other similar projections which afford a
direct view 0pon or towards an adjoining land or tenement can be made/ witho0t leaving
a distance of two meters between the wall in which they are made and s0ch contig0o0s
property.
>either can side or obli:0e views 0pon or towards s0ch contermino0s property be had/
0nless there be a distance of si2ty centimeters.
&he nonobservance of these distances does not give rise to prescription.(.9a)
Art. 461. &he distance referred to in the preceding article shall be meas0red in cases of
direct views from the o0ter line of the wall when the openings do not project/ from the
o0ter line of the latter when they do/ and in cases of obli:0e view from the dividing line
between the two properties. (.9")
Art. 46. &he provisions of Article 46= are not applicable to b0ildings separated by a
p0blic way or alley/ which is not less than three meters wide/ s0bject to special
reg0lations and local ordinances. (.94a)
Art. 46". ?henever by any title a right has been ac:0ired to have direct views/ balconies
or belvederes overloo1ing an adjoining property/ the owner of the servient estate cannot
b0ild thereon at less than a distance of three meters to be meas0red in the manner
provided in Article 461. Any stip0lation permitting distances less than those prescribed
in Article 46= is void. (.9.a)

3'#&I)> 4. 5 <rainage of +0ildings

Art. 464. &he owner of a b0ilding shall be obliged to constr0ct its roof or covering in s0ch
manner that the rain water shall fall on his own land or on a street or p0blic place/ and
not on the land of his neighbor/ even tho0gh the adjacent land may belong to two or
more persons/ one of whom is the owner of the roof. 'ven if it sho0ld fall on his own
land/ the owner shall be obliged to collect the water in s0ch a way as not to ca0se
damage to the adjacent land or tenement. (.94a)
Art. 46.. &he owner of a tenement or a piece of land/ s0bject to the easement of receiving
water falling from roofs/ may b0ild in s0ch manner as to receive the water 0pon his own
roof or give it another o0tlet in accordance with local ordinances or c0stoms/ and in
s0ch a way as not to ca0se any n0isance or damage whatever to the dominant
estate. (.96)
Art. 464. ?henever the yard or co0rt of a ho0se is s0rro0nded by other ho0ses/ and it is
not possible to give an o0tlet thro0gh the ho0se itself to the rain water collected thereon/
the establishment of an easement of drainage can be demanded/ giving an o0tlet to the
water at the point of the contig0o0s lands or tenements where its egress may be easiest/
and establishing a cond0it for the drainage in s0ch manner as to ca0se the least damage
to the servient estate/ after payment of the property indemnity. (.9")

3'#&I)> 6. 5 Intermediate <istances
and ?or1s for #ertain #onstr0ctions and %lantings

Art. 466. >o constr0ctions can be b0ilt or plantings made near fortified places or
fortresses witho0t compliance with the conditions re:0ired in special laws/ ordinances/
and reg0lations relating thereto. (.9;)
Art. 469. >o person shall b0ild any a:0ed0ct/ well/ sewer/ f0rnace/ forge/ chimney/ stable/
depository of corrosive s0bstances/ machinery/ or factory which by reason of its nat0re
or prod0cts is dangero0s or no2io0s/ witho0t observing the distances prescribed by the
reg0lations and c0stoms of the place/ and witho0t ma1ing the necessary protective
wor1s/ s0bject/ in regard to the manner thereof/ to the conditions prescribed by s0ch
reg0lations. &hese prohibitions cannot be altered or reno0nced by stip0lation on the part
of the adjoining proprietors.
In the absence of reg0lations/ s0ch preca0tions shall be ta1en as may be considered
necessary/ in order to avoid any damage to the neighboring lands or tenements. (.;=a)
Art. 46;. >o trees shall be planted near a tenement or piece of land belonging to another
e2cept at the distance a0thori8ed by the ordinances or c0stoms of the place/ and/ in the
absence thereof/ at a distance of at least two meters from the dividing line of the estates
if tall trees are planted and at a distance of at least fifty centimeters if shr0bs or small
trees are planted.
'very landowner shall have the right to demand that trees hereafter planted at a shorter
distance from his land or tenement be 0prooted.
&he provisions of this article also apply to trees which have grown spontaneo0sly. (.;1a)
Art. 49=. If the branches of any tree sho0ld e2tend over a neighboring estate/ tenement/
garden or yard/ the owner of the latter shall have the right to demand that they be c0t off
insofar as they may spread over his property/ and/ if it be the roots of a neighboring tree
which sho0ld penetrate into the land of another/ the latter may c0t them off himself
within his property. (.;)
Art. 491. 7r0its nat0rally falling 0pon adjacent land belong to the owner of said land. (n)

3'#&I)> 9. 5 'asement Against >0isance (n)

Art. 49. 'very b0ilding or piece of land is s0bject to the easement which prohibits the
proprietor or possessor from committing n0isance thro0gh noise/ jarring/ offensive odor/
smo1e/ heat/ d0st/ water/ glare and other ca0ses.
Art. 49". 30bject to 8oning/ health/ police and other laws and reg0lations/ factories and
shops may be maintained provided the least possible annoyance is ca0sed to the
neighborhood.

3'#&I)> ;. 5 ,ateral and 30bjacent 30pport (n)

3ec. 494. >o proprietor shall ma1e s0ch e2cavations 0pon his land as to deprive any
adjacent land or b0ilding of s0fficient lateral or s0bjacent s0pport.
Art. 49.. Any stip0lation or testamentary provision allowing e2cavations that ca0se
danger to an adjacent land or b0ilding shall be void.
Art. 494. &he legal easement of lateral and s0bjacent s0pport is not only for b0ildings
standing at the time the e2cavations are made b0t also for constr0ctions that may be
erected.
Art. 496. Any proprietor intending to ma1e any e2cavation contemplated in the three
preceding articles shall notify all owners of adjacent lands.

#$A%&'( "
*),C>&A(- 'A3'!'>&3

Art. 499. 'very owner of a tenement or piece of land may establish thereon the
easements which he may deem s0itable/ and in the manner and form which he may deem
best/ provided he does not contravene the laws/ p0blic policy or p0blic order. (.;4)
Art. 49;. &he owner of a tenement or piece of land/ the 0s0fr0ct of which belongs to
another/ may impose thereon/ witho0t the consent of the 0s0fr0ct0ary/ any servit0des
which will not inj0re the right of 0s0fr0ct. (.;.)
Art. 4;=. ?henever the na1ed ownership of a tenement or piece of land belongs to one
person and the beneficial ownership to another/ no perpet0al vol0ntary easement may be
established thereon witho0t the consent of both owners. (.;4)
Art. 4;1. In order to impose an easement on an 0ndivided tenement/ or piece of land/ the
consent of all the co5owners shall be re:0ired.
&he consent given by some only/ m0st be held in abeyance 0ntil the last one of all the
co5owners shall have e2pressed his conformity.
+0t the consent given by one of the co5owners separately from the others shall bind the
grantor and his s0ccessors not to prevent the e2ercise of the right granted. (.;6a)
Art. 4;. &he title and/ in a proper case/ the possession of an easement ac:0ired by
prescription shall determine the rights of the dominant estate and the obligations of the
servient estate. In defa0lt thereof/ the easement shall be governed by s0ch provisions of
this &itle as are applicable thereto.(.;9)
Art. 4;". If the owner of the servient estate sho0ld have bo0nd himself/ 0pon the
establishment of the easement/ to bear the cost of the wor1 re:0ired for the 0se and
preservation thereof/ he may free himself from this obligation by reno0ncing his property
to the owner of the dominant estate. (.;;)

&itle *III. 5 >CI3A>#' (n)

Art. 4;4. A n0isance is any act/ omission/ establishment/ b0siness/ condition of property/
or anything else which:
(1) Inj0res or endangers the health or safety of others; or
() Annoys or offends the senses; or
(") 3hoc1s/ defies or disregards decency or morality; or
(4) )bstr0cts or interferes with the free passage of any p0blic highway or street/ or any
body of water; or
(.) $inders or impairs the 0se of property.
Art. 4;.. >0isance is either p0blic or private. A p0blic n0isance affects a comm0nity or
neighborhood or any considerable n0mber of persons/ altho0gh the e2tent of the
annoyance/ danger or damage 0pon individ0als may be 0ne:0al. A private n0isance is
one that is not incl0ded in the foregoing definition.
Art. 4;4. 'very s0ccessive owner or possessor of property who fails or ref0ses to abate a
n0isance in that property started by a former owner or possessor is liable therefor in the
same manner as the one who created it.
Art. 4;6. &he abatement of a n0isance does not precl0de the right of any person inj0red
to recover damages for its past e2istence.
Art. 4;9. ,apse of time cannot legali8e any n0isance/ whether p0blic or private.
Art. 4;;. &he remedies against a p0blic n0isance are:
(1) A prosec0tion 0nder the %enal #ode or any local ordinance: or
() A civil action; or
(") Abatement/ witho0t j0dicial proceedings.
Art. 6==. &he district health officer shall ta1e care that one or all of the remedies against a
p0blic n0isance are availed of.
Art. 6=1. If a civil action is bro0ght by reason of the maintenance of a p0blic n0isance/
s0ch action shall be commenced by the city or m0nicipal mayor.
Art. 6=. &he district health officer shall determine whether or not abatement/ witho0t
j0dicial proceedings/ is the best remedy against a p0blic n0isance.
Art. 6=". A private person may file an action on acco0nt of a p0blic n0isance/ if it is
specially inj0rio0s to himself.
Art. 6=4. Any private person may abate a p0blic n0isance which is specially inj0rio0s to
him by removing/ or if necessary/ by destroying the thing which constit0tes the same/
witho0t committing a breach of the peace/ or doing 0nnecessary inj0ry. +0t it is
necessary:
(1) &hat demand be first made 0pon the owner or possessor of the property to abate the
n0isance;
() &hat s0ch demand has been rejected;
(") &hat the abatement be approved by the district health officer and e2ec0ted with the
assistance of the local police; and
(4) &hat the val0e of the destr0ction does not e2ceed three tho0sand pesos.
Art. 6=.. &he remedies against a private n0isance are:
(1) A civil action; or
() Abatement/ witho0t j0dicial proceedings.
Art. 6=4. Any person inj0red by a private n0isance may abate it by removing/ or if
necessary/ by destroying the thing which constit0tes the n0isance/ witho0t committing a
breach of the peace or doing 0nnecessary inj0ry. $owever/ it is indispensable that the
proced0re for e2traj0dicial abatement of a p0blic n0isance by a private person be
followed.
Art. 6=6. A private person or a p0blic official e2traj0dicially abating a n0isance shall be
liable for damages:
(1) If he ca0ses 0nnecessary inj0ry; or
() If an alleged n0isance is later declared by the co0rts to be not a real n0isance.
&itle IE. 5 ('@I3&(- )7 %()%'(&-
Art. 6=9. &he (egistry of %roperty has for its object the inscription or annotation of acts
and contracts relating to the ownership and other rights over immovable property. (4=.)
Art. 6=;. &he titles of ownership/ or of other rights over immovable property/ which are
not d0ly inscribed or annotated in the (egistry of %roperty shall not prej0dice third
persons. (4=4)
Art. 61=. &he boo1s in the (egistry of %roperty shall be p0blic for those who have a
1nown interest in ascertaining the stat0s of the immovables or real rights annotated or
inscribed therein. (4=6)
Art. 611. 7or determining what titles are s0bject to inscription or annotation/ as well as
the form/ effects/ and cancellation of inscriptions and annotations/ the manner of
1eeping the boo1s in the (egistry/ and the val0e of the entries contained in said boo1s/
the provisions of the !ortgage ,aw/ the ,and (egistration Act/ and other special laws
shall govern. (4=9a)