V. Property, Ownership, and its Modifications

IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

A. Classification of Property

B. Ownership (Civil Code, arts. 427-439)

C. Right of Accession; Movables and Immovable (Civil Code, arts. 440-475)

D. Quieting of Title (Civil Code, arts. 476-481)

E. Co-Ownership (Civil Code, arts. 484-501); Condominium Act (R.A. No. 4726, as amended)

F. Possession (Civil Code, arts. 523-561)

G. Actions to Recover Ownership and Possession of Real Property

H. Easements; Easement of Right of Way (Civil Code, arts. 613-619 and 649-657)

I. Nuisance (Civil Code, arts. 694-707)

When is the Right of Ownership not Absolute?

The welfare of the people is the supreme law of the land (Salus populi suprema est lex).

NOTE: The owner bears the loss of the property owned by him (Res perit domino).

DOCTRINE OF STATE OF NECESSITY

State of Necessity - the principle that an owner cannot prohibit interference with his property if it is necessary to avert an imminent danger and the threatened damage is much greater than the damage arising from the interference. The owner may demand indemnity from the person benefited. (Art. 432)