Property Notes July 20, 2011 Art 442 three things as civil fruits: 1. rents of buildings; 2.

proceeds from leases of lands; 3. income from perpetual or life annuities, or other similar sources of revenue. Bank interest partake the nature of civil fruits under Art. 442 of the New Civil Code. [RP v Holy Trinity Realty] Accretion as a mode of acquiring property under Article 457 of the Civil Code requires the concurrence of three (3) requisites: (a) that the deposition of soil or sediment be gradual and imperceptible; (b) that it be the result of the action of the waters of the river (or sea); and (c) that the land where accretion takes place is adjacent to the banks of rivers (or the sea coast) [Baes v Binalay] Survey is the act by which the quantity of a parcel of land is ascertained and also a paper containing a statement of courses, distances, and quantity of land. 38 A survey under a proprietary title is not a conveyance. It is an instrument sui generis in the nature of a partition; a customary mode in which a proprietor has set off to himself in severalty a part of the common estate. 39 Therefore, a survey, not being a conveyance, is not a mode of acquiring ownership. A fortiori, petitioner cannot found his claim on the survey plan reflecting a subdivision of land because it is not conclusive as to ownership as it may refer only to a delineation of possession. [Titong v CA] A tax declaration, by itself, is not considered conclusive evidence of ownership. 43 It is merely an indicium of a claim of ownership. 44 Because it does not by itself give title, it is of little value in proving one's ownership.[Titong v CA] Suits to quiet title are characterized as proceedings quasi in rem. 19 Technically, they are neither in rem nor in personam. In an action quasi in rem, an individual is named as defendant. 20 However, unlike suits in rem, a quasi in rem judgment is conclusive only between the parties. [Portic v Cristobal] Actual possession of land consists in the manifestation of acts of dominion over it of such a nature as a party would naturally exercise over his own property. [Ramos v Director of Lands] Why is the sale of future inheritance void? Public policy ---The elements constituting adverse possession by a co-owner against another coowner or cestui que trust are: (i) that he has performed unequivocal acts of repudiation amounting to an ouster of the cestui que trust or other co-owners; (ii)

that such positive acts of repudiation have been made known to the cestui que trust or the other co-owners; and (iii) that the evidence thereon must be clear and convincing - Capitle v De Gaban Easements Amor v Florentino: According to Article 536, easements are established by law or by will of the owners. Acquisition of easements is first by title or its equivalent and secondly by prescription. What acts take the place of title? They are mentioned in Articles 540 and 541, namely, (1) a deed of recognition by the owner of the servient estate; (2) a final judgment; and (3) an apparent sign between two estates, established by the owner of both, which is the case of article 541. Sep 29, 2011 Alley width > 3 m You cannot right at the edge of the boundary line. NCC 674 Jus stillicidii vel fluminis (drain water) avertendi vel recipiendi = longest easement with a latin name.