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article 694 civil code philippines

444. 536. 680. 546. 535. 612. The period of prescription for the acquisition of an easement of light and view shall be counted: (1) From the time of the opening of the window, if it is through a party wall; or, (2) From the time of the formal prohibition upon the proprietor of the adjoining land or tenement, if the window is through a wall on the dominant estate. (389a), Art. Enclosed estate; voluntary alienation or partition. (454), Art. 629. Art. Art. (509), Art. (459). If it is the dominant estate that is divided between two or more persons, each of them may use the easement in its entirety, without changing the place of its use, or making it more burdensome in any other way. Art. 478. 673. Islands which may be formed on the seas within the jurisdiction of the Philippines, on lakes, and on navigable or floatable rivers belong to the State. 542. Civil fruits are deemed to accrue daily, and belong to the usufructuary in proportion to the time the usufruct may last. Art. (356). Hidden treasure belongs to the owner of the land, building, or other property on which it is found. (400a), Art. 598. 619. 601. After the delivery has been made, the security or mortgage shall be cancelled. In nurseries, the usufructuary may make the necessary thinnings in order that the remaining trees may properly grow. 550. (351a), Art. If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe place. (n), Art. Art. (561), Art. (410), Art. All matters not expressly determined by the provisions of this Chapter shall be governed by the special Law of Waters of August 3, 1866, and by the Irrigation Law. Art. (418), Art. Servitudes may also be established for the benefit of a community, or of one or more persons to whom the encumbered estate does not belong. Improvements caused by nature or time shall always insure to the benefit of the person who has succeeded in recovering possession. Art. 697. The books in the Registry of Property shall be public for those who have a known interest in ascertaining the status of the immovables or real rights annotated or inscribed therein. This provision shall not apply if the owner makes use of the right granted by article 450. The usufructuary shall have the right to enjoy any increase which the thing in usufruct may acquire through accession, the servitudes established in its favor, and, in general, all the benefits inherent therein. If the owner does not wish that certain articles be sold because of their artistic worth or because they have a sentimental value, he may demand their delivery to him upon his giving security for the payment of the legal interest on their appraised value. 645. If the dominant estate belongs to several persons in common, the use of the easement by any one of them prevents prescription with respect to the others. If the owner chooses the latter alternative, he shall give security for the payment of the interest. Neither shall there be any partition when it is prohibited by law. 639. For the administration and better enjoyment of the thing owned in common, the resolutions of the majority of the co-owners shall be binding. If the usufructuary shares with the owner the insurance of the tenement given in usufruct, the former shall, in case of loss, continue in the enjoyment of the new building, should one be constructed, or shall receive the interest on the insurance indemnity if the owner does not wish to rebuild. Art. 605. 563. The owner of a tenement or a piece of land, subject to the easement of receiving water falling from roofs, may build in such manner as to receive the water upon his own roof or give it another outlet in accordance with local ordinances or customs, and in such a way as not to cause any nuisance or damage whatever to the dominant estate. Any person who may wish to use upon his own estate any water of which he can dispose shall have the right to make it flow through the intervening estates, with the obligation to indemnify their owners, as well as the owners of the lower estates upon which the waters may filter or descend. In all cases of dangerous buildings, except those covered by Article 482 and 694 to 707 of the Civil Code of the Philippines, the Building Official shall order their repair, vacation, or demolition in accordance with the following procedure: Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate, establishing a permanent passage, the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate. 643. Art. 2. Art. (512). A usufruct constituted in favor of several persons living at the time of its constitution shall not be extinguished until death of the last survivor. If the things found be of interest to science of the arts, the State may acquire them at their just price, which shall be divided in conformity with the rule stated. The Louisiana Civil Code; Article 694. (5) Hinders or impairs the use of property. Unless a lease is recorded, it shall not be binding upon third persons. A positive easement is one which imposes upon 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 could lawfully do if the easement did not exist. Art. 569. In painting and sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing. Whenever the things united can be separated without injury, their respective owners may demand their separation. (374), Art. A possessor in bad faith shall be liable for deterioration or loss in every case, even if caused by a fortuitous event. 497. 560. Art. The 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 keep or enjoy it, the ownership pertaining to another person. (n), Art. 460. If the owner of the materials, plants or seeds has been paid by the builder, planter or sower, the latter may demand from the landowner the value of the materials and labor. (393a), Art. Without prejudice to rights legally acquired, the animal path shall not exceed in any case the width of 75 meters, and the animal trail that of 37 meters and 50 centimeters. 489. 618. Article 694 of the New Civil Code (NCC) of the Philippines defines nuisance as “any act, omission, establishment, business, condition of property or anything else which: (1) injures or endangers the health or safety of others; or (2) annoys or offends the senses; or (3) shocks, defies or disregards decency or morality; or (4) obstructs or interferes with the free passage of any public highway or street, … 567. 540. Art. 500. In every drain or aqueduct, the water, bed, banks and floodgates shall be considered as an integral part of the land of building for which the waters are intended. Art. 473. The following things are property of public dominion: (1) Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character; (2) Those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth. (n). (344a), Art. The other owners who have not contributed in giving increased height, depth or thickness to the wall may, nevertheless, acquire the right of part-ownership therein, by paying proportionally the value of the work at the time of the acquisition and of the land used for its increased thickness. He also retains it if a portion of land is separated from the estate by the current. (n). (n), For this purpose he shall notify the owner of the servient estate, and shall choose the most convenient time and manner so as to cause the least inconvenience to the owner of the servient estate. 678. (566a). 593. (480), Art. 575. 655. Neither can side or oblique views upon or towards such conterminous property be had, unless there be a distance of sixty centimeters. (346a). (450a). Note: Photo taken from Reddit. 580. If a civil action is brought by reason of the maintenance of a public nuisance, such action shall be commenced by the city or municipal mayor. (587), Art. (1) Those movables susceptible of appropriation which are not included in the preceding article; (2) Real property which by any special provision of law is considered as personal property; (3) Forces of nature which are brought under control by science; and, (4) In general, all things which can be transported from place to place without impairment of the real property to which they are fixed. (521), Art. 711. Islands which through successive accumulation of alluvial deposits are formed in non-navigable and non-floatable rivers, belong to the owners of the margins or banks 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 longitudinally in halves. articles ARTICLE 1 ... Code of Ethics The Realtor Code of Ethics was established in 1913 as a Golden Rule, as a voluntary document outlining the professional duties of membership. However, in case of civil interruption, the Rules of Court shall apply. 694. provided. Easements are indivisible. (n), Art. (475), Art. 689. (380), Art. The absence of a document or proof showing the origin of an easement which cannot be acquired by prescription may be cured by a deed of recognition by the owner of the servient estate or by a final judgment. If the material is more precious than the transformed thing or is of more value, its owner may, at his option, appropriate the new thing to himself, after first paying indemnity for the value of the work, or demand indemnity for the material. Any one of the latter may exempt himself from this obligation by renouncing so much of his undivided interest as may be equivalent to his share of the expenses and taxes. Art. 610. (581a). Whenever the owner of the material employed without his consent has a right to an indemnity, he may demand that this consist in the delivery of a thing equal in kind and value, and in all other respects, to that employed, or else in the price thereof, according to expert appraisal. Expenses for pure luxury or mere pleasure shall not be refunded to the possessor in good faith; but he may remove the ornaments with which he has embellished the principal thing if it suffers no injury thereby, and if his successor in the possession does not prefer to refund the amount expended. In default thereof, the easement shall be governed by such provisions of this Title as are applicable thereto. The interest on the indemnity shall be deemed to be in payment of rent for the use of the easement. In the cases of the two preceding articles, the landowner is entitled to damages from the builder, planter or sower. (2) Annoys or offends the senses; or. Easements established by law in the interest of private persons or for private use shall be governed by the provisions of this Title, without prejudice to the provisions of general or local laws and ordinances for the general welfare. (451). If the usufructuary who has not given security claims, by virtue of a promise under oath, the delivery of the furniture necessary for his use, and that he and his family be allowed to live in a house included in the usufruct, the court may grant this petition, after due consideration of the facts of the case. (3) Abatement, without judicial proceedings. The rights and obligations of the usufructuary shall be those provided in the title constituting the usufruct; in default of such title, or in case it is deficient, the provisions contained in the two following Chapters shall be observed. A nuisance is any act, omission, establishment, business, condition of property, or anything else which: 431. Art. (502a), Art. If the usufruct is constituted on immovable property of which a building forms part, and the latter should be destroyed in any manner whatsoever, the usufructuary shall have a right to make use of the land and the materials. Mistake upon a doubtful or difficult question of law may be the basis of good faith. (350a). A nuisance is any act, omission, establishment, business, condition of property, or anything else which:(1) Injures or endangers the health or safety of others; or(2) Annoys or offends the senses; or(3) Shocks, defies or disregards decency or morality; or(4) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or(5) Hinders or impairs the use of property.✔ Subscribe to Legal Philippines on YouTube: https://www.youtube.com/channel/UCZ6inC9JMIDNnsj_0Ub76hw?sub_confirmation=1 The distance referred to in the preceding article shall be measured in cases of direct views from the outer line of the wall when the openings do not project, from the outer line of the latter when they do, and in cases of oblique view from the dividing line between the two properties. Repairs for preservation may be made at the will of one of the co-owners, but he must, if practicable, first notify his co-owners of the necessity for such repairs. If the woodland is a copse or consists of timber for building, the usufructuary may do such ordinary cutting or felling as the owner was in the habit of doing, and in default of this, he may do so in accordance with the custom of the place, as to the manner, amount and season. The usufructuary of a mortgaged immovable shall not be obliged to pay the debt for the security of which the mortgage was constituted. 588. A present possessor who shows his possession at some previous time, is presumed to have held possession also during the intermediate period, in the absence of proof to the contrary. Should the usufructuary fail to give security in the cases in which he is bound to give it, the owner may demand that the immovables be placed under administration, that the movables be sold, that the public bonds, instruments of credit payable to order or to bearer be converted into registered certificates or deposited in a bank or public institution, and that the capital or sums in cash and the proceeds of the sale of the movable property be invested in safe securities. (365a), Art. 573. He may, however, remove such improvements, should it be possible to do so without damage to the property. (445a), Art. 432. Art. If the party wall cannot bear the increased height, the owner desiring to raise it shall be obliged to reconstruct it at his own expense and, if for this purpose it be necessary to make it thicker, he shall give the space required from his own land. Ditches or drains opened between two estates are also presumed as common to both, if there is no title or sign showing the contrary. If the branches of any tree should extend over a neighboring estate, tenement, garden or yard, the owner of the latter shall have the right to demand that they be cut off insofar as they may spread over his property, and, if it be the roots of a neighboring tree which should penetrate into the land of another, the latter may cut them off himself within his property. 552. Natural or industrial fruits growing at the time the usufruct begins, belong to the usufructuary. 647. (578a), Art. Whenever it consists in the enjoyment of benefits accruing from a participation in any industrial or commercial enterprise, the date of the distribution of which is not fixed, such benefits shall have the same character. Art. 486. Art. But the co-ownership may be terminated in accordance with Article 498. This Act shall be known as the "Civil Code of the Philippines." (486), Art. (369a), Art. 436. (591a), Art. 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 subsidiarily for their value and only in the event that the one who made use of them has no property with which to pay. It may also be constituted on a right, provided it is not strictly personal or intransmissible. (repealed). (1a) Article 3. 422. 665. 438. 425. Art. This Code shall take effect one year after such publication. 521. (507). Neither can he exercise the easement in any other manner than that previously established. CC0694 CC_0694-0707 Republic Act No. (361a), Art. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. Should there be several dominant estates, the owners of all of them shall be obliged to contribute to the expenses referred to in the preceding article, in proportion to the benefits which each may derive from the work. (439a). (543a). 568. Every owner may increase the height of the party wall, doing at his own expense and paying for any damage which may be caused by the work, even though such damage be temporary. Should the usufructuary have refused to contribute to the insurance, the owner insuring the tenement alone, the latter shall receive the full amount of the insurance indemnity in case of loss, saving always the right granted to the usufructuary in the preceding article. It is understood that there is bad faith on the part of the landowner whenever the act was done with his knowledge and without opposition on his part. The costs of litigation over the property shall be borne by every possessor. Upon the establishment of an easement, all the rights necessary for its use are considered granted. Trade-marks and trade-names are governed by special laws. The plaintiff must return to the defendant all benefits he may have received from the latter, or reimburse him for expenses that may have redounded to the plaintiff's benefit. 624. He cannot complain of the reasonable requirements of aerial navigation. The owner of the dominant estate cannot use the easement except for the benefit of the immovable originally contemplated. But the effect of the alienation or the mortgage, with respect to the co-owners, shall be limited to the portion which may be alloted to him in the division upon the termination of the co-ownership. The builder, planter or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land. Civil Code of the Philippines Linggo, Oktubre 9, 2011. The owner has also a right of action against the holder and possessor of the thing in order to recover it. If in consequence of a calamity or extraordinary event, the trees or shrubs shall have disappeared in such considerable number that it would not be possible or it would be too burdensome to replace them, the usufructuary may leave the dead, fallen or uprooted trunks at the disposal of the owner, and demand that the latter remove them and clear the land. The same rule shall be applied if the usufruct is constituted on a building only and the same should be destroyed. Possession may be exercised in one's own name or in that of another. 424. (597a), Art. document.write("1998 - "+yr); AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. Whenever a usufruct is constituted on the right to receive a rent or periodical pension, whether in money or in fruits, or in the interest on bonds or securities payable to bearer, each payment due shall be considered as the proceeds or fruits of such right. 453. (1) Continuous or intermittent waters rising on lands of private ownership, while running through the same; (2) Lakes and lagoons, and their beds, formed by Nature on such lands; (3) Subterranean waters found on the same; (4) Rain waters falling on said lands, as long as they remain within the boundaries; (5) The beds of flowing waters, continuous or intermittent, formed by rain water, and those of brooks, crossing lands which are not of public dominion. (n). 664. Art. (363a), Art. (445), A possessor deprived of his possession through forcible entry may within ten days from the filing of the complaint present a motion to secure from the competent court, in the action for forcible entry, a writ of preliminary mandatory injunction to restore him in his possession. If the owner of a building, supported by a party wall desires to demolish the building, he may also renounce his part-ownership of the wall, but the cost of all repairs and work necessary to prevent any damage which the demolition may cause to the party wall, on this occasion only, shall be borne by him. The wall is in danger of falling. The same rule shall be applied in case a new road is opened giving access to the isolated estate. 457. Continuous nonapparent easements, and discontinuous ones, whether apparent or not, may be acquired only by virtue of a title. 615. (584a), Art. Art. (n), Art. 474. 13 Replies. In any case the felling or cutting of trees shall be made in such manner as not to prejudice the preservation of the land. 622. Every successive owner or possessor of property who fails or refuses to abate a nuisance in that property started by a former owner or possessor is liable therefor in the same manner as the one who created it. Every co-owner shall, after partition, be liable for defects of title and quality of the portion assigned to each of the other co-owners. Art. 704. A note, memorandum and other private in addition to public instruments may suffice. The personal law applicable to an individual shall be determined by his nationality. Nevertheless, in case the thing united for the use, embellishment or perfection of the other, is much more precious than the principal thing, the owner of the former may demand its separation, even though the thing to which it has been incorporated may suffer some injury. (550). The usufructuary of fruit-bearing trees and shrubs may make use of the dead trunks, and even of those cut off or uprooted by accident, under the obligation to replace them with new plants. 661. Any stipulation or testamentary provision allowing excavations that cause danger to an adjacent land or building shall be void. (607), Art. (394a), Art. (590a). 455. (605), Art. (481), Art. The same rule shall be applied in case the owner is obliged, at the time the usufruct is constituted, to make periodical payments, even if there should be no known capital. Art. Art. If either one of the owners has made the incorporation with the knowledge and without the objection of the other, their respective rights shall be determined as though both acted in good faith. 505. If in consequence of the enforcement of the action he acquires the thing claimed, the usufruct shall be limited to the fruits, the dominion remaining with the owner. The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person. But in such a case, if the owner should wish to construct another building, he shall have a right to occupy the land and to make use of the materials, being obliged to pay to the usufructuary, during the continuance of the usufruct, the interest upon the sum equivalent to the value of the land and of the materials. (562), Art. (499a). But they cannot impugn any partition already executed, unless there has been fraud, or in case it was made notwithstanding a formal opposition presented to prevent it, without prejudice to the right of the debtor or assignor to maintain its validity. The 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 much greater. 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