c. Property of Private Ownership

Two Disputable Presumptions As To Improvements On Land

• Works are made by the owner
• Works are made at the owner’s expense (Art. 446)

Doctrine of State Necessity

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. The owner may demand from the person benefited indemnity for the damage to him. (NCC, Art. 432)

This principle permits necessary interference with another’s property to avert imminent danger when the threatened damage is much greater than the damage caused by the interference, subject to the owner’s right to indemnity from the person benefited.