Property Laws COdal

Art 523:
Possession:
Holding of a thing
Enjoyment of a right
Art 524:
How can possession be exercised?
In ones name
In anothers name
Art 525:
concepts of possession:
Concept of the owner
Holding or enjoying of the thing owned
by another person
Art 526:
When is a possessor in good faith?
When he is not aware that there exists
in his title or mode of acquisition any
flaw which invalidates it.
When is a possessor in bad faith?
When he is aware that there exists in
his title or mode of acquisition any flaw
which invalidates it.
NB: Mistake upon a doubt or difficult question
can be a basis of GOOD FAITH

Art 527:
Good faith is always presumed
Who has the burden of proof to prove bad
faith?
The one who alleges bad faith on the
part of the possessor
Art 528:
When does possession acquired in good faith
lose its character?
When the possessor becomes aware
that what he possesses is a thing that is
improper or wrong
Art 529:
Character of possession is continuously
enjoyed the character when it was
acquired until it was disproved
Art 530:
Only things and rights capable of being
appropriated can be possessed

ACQUISITION OF POSSESSION:
Art 531:
How is possession acquired?
By material occupation of a thing
Exercise of a right
By the fact that it is subject to the
action of our will
Proper acts and legal formalties for
acquiring such right
Art 532:
Who may possess?
Person who is to enjoy it
His legal representatives
His agents
Any person without power
NB: If a person has no power; possession may
be acquired only when there is power; without
prejudice to the juridical consequences of
negotiorum gestio .

Art 533:
When is hereditary property deemed
transmitted:
from the moment of death (if accepted)
( if not accepted: e.g. valid
renouncement; no possession of
inheritance)
Art 534:
One who succeeds hereditary title shall
not suffer the consequences of
wrongful possession
If he has no knowledge of the flaws to it
Benefits of good faith shall only affect
the successor at the death of the
decedent.
Art 535:
Applicable to tangible things only
Minors and incapacitated persons can
acquire- only with the assistance of
their legal representatives
Art 536:
There can be no possession in force or
intimidation
As long as there is a possessor who
objects thereto
XPN: there can be possession in force or
intimidation- if the possessor DID NOT
object to it
He who has a course of action or has
been deprived of the right to hold a
thing = must invoke the aid of the court
Art 537*
What acts do not affect the possession?
Acts tolerated
Those executed clandestinely
Without the knowledge of the
possessor of the thing
By violence
Art 538:
Possession as a fact cannot be
recognized at the same time if there
are 2 different personalities except
through CO-POSESSION
Rules if there are 2 Possessors:
Present possessor shall be preferred
If there are 2 possessors- the one
longer in possession shall be preferred
If the possession is at the same time-
the one who holds a title shall be
preferred
If the conditions are equal-
The thing shall be placed in judicial
deposit
Determination of possession or
ownership through proper proceedings
EFFECTS OF POSSESSION:
Art 539:
Possessor has a right to be respected in
his possession
He will be protected or restored in
accordance to ROC if possession is
disturbed
Forcible entry:
10 days from filing= may secure a writ
of preliminary mandatory injunction
The court shall decide the motion
within 30 days from filing
Art 540
When can there be a title for acquiring
dominion?
When there is possession acquired and
enjoyed in the concept of owner
Art 541:
Benefits of a possessor in the concept
of the owner:
Legal presumption that he possesses
the thing with just title
He is not oblied to prove or show it
Art 542:
Movables in a real property are
presumed to be possessed by the
possessor of the real property.
As long as they are not proved to be
excluded
Art 543:
Co-Possession
Shall be deemed to have exclusively
possessed the part which may be
allowed to him upon division
Interruption in possession of the whole
or part of a thing possessed in common
shall be to the prejudice of all the
poossessors.
Civil interruption= rules of court
Art 544:
Possessor in good faith is entitled to
fruits until legally interrupted
Natural and industrial fruits- received
from the time they are gathered or
severed
Civil fruits- in proportion to the number
of days
Art 545
Time that good faith ceases; rights of
the possessor:
For natural and industrial fruits:
Right to a part of expenses of
cultivation
Right to a part of the net harvest
Both in proportion of the time of
possession
The owner can give the possessor in good faith
to:
Right to finish the cultivation
Right to gather the growing fruits
Both as part of the indemnity
Refusal shall lose the right to be
indemnified
Art 546
Refund for NECESSARY expenses for the
possessor in good faith
PGF can retain the thing until
reimbursed
Useful expenses- to be refunded only to
the possessor in good faith with same
right to retention
The new possessor has the option to:
Refund the amount of expenses
Pay the increase in value which the
thing may have acquired
Art 547
USEFUL improvements can be removed
as long as there can be no damage to
the principal thing
Unless the new possessor will> refund
OR pay the increase in value
Art 548:
Luxury or pleasure expenses shall not
be refunded
PGF can remove the ornaments as long
as the principal thing will suffer no
injury
If the new possessor will not refund
Art 549:
Possessor in bad faith shall:
Reimburse the legit possessor of all the
fruits
Shall have the right to be refunded of
necessary expenses
Right to be paid for production,
gathering and preservation
Remove luxurious things but may
remove them provided that the
principal shall suffer no injury and that
the lawful possessor shall not prefer to
retain it
Art 550:
Cost of litigation over the property shall
be borne by every possessor
Art 551:
Improvements by nature or time shall
inure to the benefit to the person who
succeeded in recovering the possession
Art 552:
GR: PGF shall not be liable for:
Deterioration of the thing
Loss of the thing
XPN: if he acted with fraudulent intent
or negligence AFTER judicial summon
PBF: shall be liable for deterioration or
loss even if caused by fortuitous event
Art 553:
One who recovers possession shall not
be obliged to pay for improvements
which have ceased to exist at the time
he takes possession of the thing
Art 554:
A present possessor who shows
possession at some previous time-
possession is at intermediate period ( in
the absence of contrary)
Art 555:
When may a possessor lose his possession?
Abandonment of the thin
Assignment made to another (
gratuitous or onerous title)
Destruction or total loss of the thing; if
it goes out of commerce
Possession of another, in re: 537( act of
another, violence, cland, without the
knowledge of the possessor)- if lasted 1
year
Real right of possession is not lost until
the lapse of 10 years
Art 556:
Possession of movables is not deemed
lost as long as they remain under the
control of the possessor- even if he may
not know their whereabouts
Art 557:
When is possession of immovables and of real
right is not deemed lost or transferred?
Mortgage law and land registration laws
Art 558:
Theory of irrevindicability
GR: Acts relating to possession
executed by the possessor is not
binding to the owner
XPN: unless if the owner gave express
authority to do so OR ratifies them
subsequently
Art 559
Possession of a movable property in
good faith is equivalent to a tlte
Maybe recovered or acquired
If possessor acquired a movable in good
faith at a public sale= owner cannot
obtain the movable withour
reimbursing the price
Art 560:
When are wild animals possessed:
When they are under ones control
Domesticated
Tamed
Domestic or tamed animal
If the anima retains the habit of
returning to the premises of the
possessor
Art 561:
Recover possession that has been
unjustly lost- may redound to his
benefit to have enjoyed it without
interruption
USUFRUCT IN GENERAL

Art 562:
Usufruct
Gives a right to enjoy the property of
another
With obligation to preserve the form
and substance
Unless the title constituting it provides
otherwise
Art 563:
How is usufruct constituted?
By law
By the will of private persons expressed
in acts inter vivos
Last will and testament
Prescription
Art 564:
In which may usufruct be constituted?
On the whole or part of the fruits of the
thing
In favor of one or more persons
Simultaneously or successively
Every case from or to a certain day
purely or conditionally
Constituted on a right no strictly
personal or intransmissible
Art 565
Rights of the usufruct
RIGHTS OF THE USUFRUCTUARY

Art 566:
Entitlement of the usufructuary:
In Re: Fruits- to all natural, industrial
and civil
In Re; Hidden Treasure: considered as
stranger
Art 567:
Natural or industrial fruits growing at
the time the usufructuary begins shall
belong to the USUFRUCTUARY
Time of termination of usufruct-
belongs to the owner
Usufructuary in the beginning- has no
obligation to reimburse the owner of
expenses
Owner at termination- has the
obligation to reimburse
From the proceeds of the growing fruits
Ordinary expenses of cultivation
Similar expenses incurred
Shall not prejudice the rights of 3
rd

persons
Art 568
If usufruct was leased usufruct will
end- the rent will be only until the end
of the usufruct
Art 569:
Civil fruits ( rents)- deemed to accrue
daily- in proportion to the usufruct
Art 570
Civil Fruits of usufruct
Rent
Pension
Money or in fruits
Interest on bonds or securities payable
to the bearer
Art 571:
Usufructuary shall have the right to any
increase in usufruct through:
Accession
Servitudes
All benefits
Art 572:
Usufructuary may enter the usufruct to
antoher or alienate his right to usufruct
All contracts shall terminate upon the
expiration of the usufruct
If rural land- at the end of the
agricultural year
Art 573:
Usufruct can use things that
deteriorates according to the purpose
which they have been intended
Not obliged to return them at the
termination of the usufruct
XPN: deterioration due to the
negligence of the usufruct
Art 574:
If appraised: usufructuary shall have the
right to make use of the thing under the
obligation of paying their appraised
value at termination of the usufruct
If unappraised: right to return the same
quantity and quality ; pay at the current
price at the time the usufruct ceases
Art 575:
Dead trunks and uprooted fruit bearing
trees and shrubs Usufructuary has the
obligation to replace them with new
plants
Art 576
In case of calamity or extraordinary
event- a lot of trees have disappeared-:
Usufruct may leave such thing as is-
Demand the owner to remove and clear
the land
Art 577
Usufructuary of woodland may be used
Cutting of the trees- according to the
custom of the land
Shall be mamde nt tot prejudice the
preservation of the lland
Usufructuary cannot cut down the trees
unless it be to restore or improve some
of the things in usufruct-
Art 578
Action to recover real property has
the right to bring action and to oblige
the owner to give him authority
If acquired- usufruct is limited to fruits;
dominin shall remain with the owner
Art 580
Usufructuary may set off the
improvements he may have made on
the property against any damage to the
same
Art 581
Owner of property of the usufruct- may
alienate; but HE CANNOT:
Alter its form or substance
Do anything which may be prejudicial to
the usufructuary
Art 582:
Usufructuary held in common for
administration and collection of fruits or
interest
Should co-wnership cease by reason
the usufruct of the part allotted to the
co-owner shall belong to the
usufructuary
OBLIGATIONS OF THE USUFRUCTUARY
Art 583:
Obligations:
T make aan inventory with appraisal
of the movables and description of the
condition of immovaables
Give security, binding himself to fulfill
the obligations imposed upon him
Art 584.
When is security not applicable?
Donor who has reserved the usufruct of
the property donated
Parent s of the usufructuries of their
childrens party
XPN: if the parents contract a second
marriage ( relate toto Art 226 of FC)
Art 585:
If there will be n one to be injured, the
inventory or security may be excused
Art 586
IF there is a failure to give security,, the
owner may:
Immovables: be placed under
administration
Movables: be sold ; that public bonds,
instruments of credit, be converted into
registered certificates or deposited in a
bank or public institution
Be invested in safe securities
Interest will belong to the usufructuary
Owner may retain the usufruct fruits
will be deducted as ssecuurity as agreed
Art 587:
If usuf has not given security- security
may be promised under oath> as may
be granted by the court
Also applicable for implements, house,
tools and other movable property
If the movable has Artisitic or
sentimental value- those things may be
delivered to the owner
Art 588
After security
Usuf shall have all the right to all the
proceeds and benefits
Art 589
Good father of a family usufruct
Art 590
Damages will be answered by the
usufruct who shall alienante or leases
his right to usufruct
Includes damages through fault or
negligence of the person
Art 591
Young of animal will be replaced for the
animals that die due to natural causes
or are lost due to the capacity of beasts
of prey
Situation:
Animals should perish
Not fault of the usuf
Because of contagious disease
Uncommon event
Usufruct has the obligation to deliver to
the owner the remains
If the herd shall perish in part- usufruct
shall continue on the part saved
If animal is sterile- effect is same as
fungible things
Art 592
USUF is obliged to make ordinary
repairs needed
Ordinary repairs
Wear and tear due to natural use of the
things and are indispensable for its
preservation
If USUF failed upon demand- owner
may make them at the expense of the
usuf
Art 593
Extraordinary repairs
At the expense of the owner
Usuf is obliged to notify the owner for
such repairs
Art 594
If owner made extraordinary repairs- he
shall have the right to demnand the
usuf legal interest on the amount
expended for the time that the usufruct
lasts
Usuf may make them- at the
termination of usuf- usuf may demand
from the owner the increase in value
which the immovable may have
acquired by reason of repairs
Art 595
Owner may construct any works or
improvements in usuf
Make new plantings > provided that
such acts do not cause dimunition in
the value of usuf and not prejudicial to
the right of usuf

Art 596
Usufructuary shall be responsible for:
Payment of annual charges and taxes
Lien on the fruits
Art 597
Capital taxes- burden to the owner
Usuf paid- usuf shall be paid proper
interest
ALS TO RECOVER THE AMOUNT AT THE
TERMINATION OF THE USUF
Art 598
758-759
Art 599
Usufructuary may claim any matured
credits < if he has given proper
security>
No security: usuf shall need the
authorization of the owner/ court to
collect credits
Usuf may use the capital collected
Usuf who has not given security- shall
invest the said capital at the interest of
the owner
SECURITY should be sufficient to
preserve the integrity of the capital
Art 600
Usuf of a mortgaged immovable- not
obliged to pay the debt for security of
which the mortgage was constituted
Should the immovable be attached or
sold judicially- OWNER shall be liable
for usuf for whatever loss
Art 601
USUF shall notify the owner of any act
of a 3
rd
person
Art 602
Expenses, costs and liabilities in suit-
shall be borne by the usuf
Extinguishment of USUF
Art 603
Extinguishment of usuf:
Death of usuf- unless contrary int
Expiration of period of which it was
constituted
Merger of usufruct
Renunciation of usufruct
Total loss of the thing in usufruct
Termination of the right of the person
constituting usu
Prescription
Art 604
Usuf is lost only in part- shall continue
on the remaining part
Art 605
Prohibition of constitution of usufruct:
In favor of town
Corporation
Association
FOR MORE THAN 50 years
If abandanoned/ dissolved before 50
years- usufruct is considered dissolved
Art 606
Usuf granted for 3
rd
person- before
attainment of certain age- shall subsist
until the person has reached the age
specified
If died before the age- shall subsist-
unless it has been granted that the usuf
shall exists in consideration of the
existence of such person
Art 607
Usuf of immovable (e.g. building)-
building was destroyed- usuf may
continue on the use of land and
materials
Applicable for th usuf constituted on
building only
If owner should construct another
building- he shall have the right to
occupy the building and make use the
materials
Usuf should be paid+ interest=
equivalent to the value of land and
materials
Art 608
If usuf shares insurance of tenement,
IF lost:
Usuf shall continue the enjoyment of
new building
If no new building: shall receive the
interest of the insurance
If the usuf did not share
If lost
Owner shall receive the full amount of
insurance indemnity in case of loss
Usuf- indeminity is the interest
Art 609
Expropriation of usufruct
Owner is obliged to replace it with
another thing of the same value and of
the similar conditions
Pay usufructuary the legal interest on
the amount of the indemnity for the
whole period of the usufruct
Latter: owner- shall give security for
payment of interest
Art 610
Usuf is not extinguished by bad use
Abuse has caused damaged to owner-
owner may demand the thing be
delivered to him;
Pay annually the proceeds to the usuf-
Minus the :
expenses
compensation for administration
Art 611
usuf in favor of several persons: shall
exist until the death of last survivor
Art 612
usuf shall be delivered to the owner
without prejudice to the right of
retention pertaining to the usuf
after delivery, security/ mortgage shall
be cancelled

EASEMENTS
Different Kinds of Easement
Art 613:
Easement/ Servitude
an encumbrance imposed upon an
immovable for the benefit of another
immovable belonging to a different
owner
Dominant estate:
Immovable in favor of which the
easement is established
Servient estate
Favor
Art 614
Why are Servitudes be established?
For the benefit of the community
Benefit of one or more persons
Art 615
Continuous easements
Those the use of which is may be
incessant, tithout the intervention of
any act of man
Discontinuous easements
Those which are used at intervals and
depend upon the acts of man
Apparent easements
Those which are made known and are
continually kept in view by external
signs that reveal the use and enjoyment
of the same
Non apparent easements
Those which show no external
indication of their existence
Art 616
Positive easement
Imposes upon the owner of the servient
estate the obligation of allowing
something to be done or of doing it
himself
Negative easement
Prohibits the owner of the servient
estate from doing something which he
could lawfully do if the easement did
not exist
Art 617
Easements are inseperable from the
estate which they actively or passively
belong
Art 6318
Easements are indivisible
Servient estate is divided- easement is
not modified; ea must bear it on the
part which corresponds to him
Dominant is divided- may use the
easement in its entirerty- cannot
change the place of its use or make it
burdensome to the servient
Art 619
How are easements established
By law
By will of the parties
Legal/ voluntary easements
Mode of Acquiring Easements
Art 620
C and A are acquired by :
Title
Prescription of 10 years
Art 621
Prescription
The time of possession shall be
computed:
Positive ewasements- from the day on
which the owner of the dominant
estate or person who may have made
use of the easement commenced to
exercise it upon the servient estate
Negative easement- from the day on
which the owner of the dominant
estate forbade- by instrument/ notary-
the owner of servient estate
Art 622
Easements acquired by virtue of a title:
Continuous non-apparent easements
Continuous discontinuous (apparent or
non)
Art 623
How can the absence of a document or proof
showing the origin of an easement which
cannot be acquired by prescription be cured?
Deed of recognition by the owner of the
servient estate
Final judgment
Art 624
Existence of an apparent sign of easement
between 2 estates
Shall be considered should either of
them be alienanted
Also applicable to the division of athing
owned in common
Art 625
Upon the establiushment of an
easement- all rights necessary for its
use are considered granted
Art 626
GR: owner of the dominant estate
cannot use the easement
XPN: for the benefit of the immovable
originally contemplated.
Rights and obligations of owners of dominant
and servient estate
Art 627
Owner of the dominant estate may
make necessary works for the use and
preservation of servitude without
rendering it more burdensome
Shall notify the servient estate and shall
choose the most conveniuent time and
manner so as to cause the least
inconvenience of the servient estate
Art 628
Several dominant estate
Owners shall be obliged to contribute
to the expenses in proportion to the
benefits
Exemption: renouncing the easement
for the benefit of others
SE owner shall also be obliuged to
contribute to the expenses in
proportion
Art 629:
Owner of the servient cannot impair the
use of servitude
If easement is inconvenient to SE- he
may change it at his expense- provided
he offers another place
Art 630
Owner of SE retains the ownership of
the portion in which the easement is
established
Art 631: Modes of extinguishment of
easements:
Merger in the same person of the
owner of the dominant and servient
estates
Non use of 10 years
Discontinuous- from the day they
ceased to be used
Continuous- act contrary to the same
When easement cannot be used
Expiration of the term/ fulfillment of
the condition
Renunciation of the ownership of the
dominant estate
Redemption agreed upon
Art 632
The form or manner using the
easement may prescribe as the
easement itself
Art 633
Dominant estate-> belongs to several
persons-> use of easement by anyone
will prevent prescription
ART 634
Legal easements
Easements imposed by law
For public use of interest of private
persons
Art 635
Shall be governed by special laws and
regulations
Art 636
Easements established by law- shall be
governed by easements
Shall be modifgied by agreement of
interested parties; whenever the law
does not prohibit or no injury is
suffered by a third person
Easement relating to waters
Art 637
Lower estates are obliged to receive the
waters which naturally and without
intervention of man, descend from the
higher estates
Lower estate owner cannot construct
works that will impede the higher
estate
Art 638
Banks of rivers and streams- subject
within 3 meters along their margins- to
easement of public use in the interest
of navigation, floatage
Estates adjoining banks- subject to
easement of towpath-
Proper indemnity
Art 639:
Easement of abutment of a dam
To use a stream when there is a
necessity to build a dam
Indemnity
Art 640
When can there be compulsory easements for
drawing water for animals
Reasons of public use
In favor of a town or village
Must be with indemnity
Art 641
Watering animals- easement to allow
passage of persons and animals
Art 642
Water to flow in intervening estates
with obligation to indemnify its owners
Art 643
Conditions of 642:
Prove that he can dispose the water for
which it is intendend
To show that the proposed right of way
is most convenient and least onerous to
third persons
Indemnity
Art 644
When can easement of aqueduct for
interest of private be imposed:
On buildings
Courtyards
Annexes outhouses
Orchards
Gardens
That are already existing
Art 645
Easement of aqueduct- may be fenced
As long as it will not cause any damage
Render necessary repairs and cleanings
impossible
Art 646
E of Aque shall be considered
continuous and apparent
Art 647
Stop lock and sluice gate for irrigation
after indemnity
Art 648
Shall be governed by special laws
Art 649
When can a right of way be demanded
Any person with real right may
culktivate or use immovable which is
surrounded by other immovables
without adequate outl;et to public
highway
Indemnity in right of way:
Value of land occupied
Amount of damage caused to servient
estate
Necessary passage for cultivation of the
estate- indemnity shall consist in
payment of damage caused by the
encumbrance
Not compulsory if the isolation is due to
proprietors own acts
Art 650
Where is Right of way established
Point least prejudicial to the servient
estate
insofar as consistent with this rule-
distance from the dominant estate to a
public highway
Ar 651
Width of easement
sufficient for the needs of the dominant
estate
may change from time to time
Art 652
sale of piece of land- obliged to grant a
right of way without indemnity
in donation: donor shall be indemnified
by the donee for the establishment of
right of way
Art 653
land of grantor that becomes isolated-
he may demand a right fo way after
paying indemnity
donor shall not be liable for indemnity
Art 654
permanent right of way
necessary expenses shall be born by the
dominant estate
Art 655
if right of way ceases to be necessary-
the owner of SE may demand that the
easement be extinguished+ return the
indemnity. = payment of rent
public high way must substantially meet
the needs of the dominant estate in
order that the easement may be
extinguished
Art 656
owner of the estate shall permit the
indispensable construcftion for the
repair, improvement and alteration of a
building after receiving payment of the
proper indemnity
Art 657
easements of right of way for animal
path- governed by ordinances and
regulations
animal path = 75 meters width
animal trail- 37 meters and 50 cm
Art 658
Easement of party wall is governed by
title, local ordinances and customs
Art 659
When is there an existence of easement of
party wall:
dividing walls of adjoining buildings
walls of gardens
in fences , walls and live hedges
Art 660
Exterior sign of party wall

Art 661:
ditches or drains opened between two
estates are presumed as common to
both
Art 662
- Cost of repairs and construction of party walls-
borne by all the owners of lands or tenements
- Owner may exempt him by renouncing his
part ownership XPN: if the party wall supports a
building belonging to him
Art 663
Owner of the building will destroy the
building- shall renounce his ownership.
And pay for the damages
Art 664
Every owner may increase the height of
the party wall at his expense
maintenance to the owner who
increased the height
If party wall cannot bear the increased
height- owner who increased the height
shall shoulder the burden
Art 665
Co-ownership of the parties who did
not want the increased thickness
Art 666
Part owner- may use it in proportion to
the right same in co-ownership
Art 667
No part owner- without the consent of
others- open through the party wall any
window
Art 668
Prescription for acquisition of easement of light
and view:
From the time the opening of the
window, if it is through a party wall
from the time of the formal prohibition
upon the proprietor of the adjoining
land or tenement
Art 6690 673- READ CODAL
Art 674- Art 676- Drainage of Buildings
building of roof should fall on his own
land or street and not on the land of his
neighbor
owner shall be obliged to collect the
water in such a way not to cause
damage to the neighbor
Art 677- 681- Intermediate distances and works
for certain constructions and plantings
no trees shall be planted near a
tenement or piece of land belonging to
another except at a distance authorized
by the ordinance
branches that extend to neighboring
estate- owner of the NE shall demand
that they be cut off
If roots penetrate- may cut them off
himself within his property
fruits naturally falling upon the adjacent
land belong to the owner of the said
land
Art 682-683- easement against nuisance
Every building- prohibits possessor from
committing nuisance
factories and shops may be maintained
provided the least possible annoyance
is caused to the neighbor
Art 684-687 Lateral and Subjacent Support
no excavation to ones land as to
deprive any adjacent land later support
stipulations- allowing excavation which
would cause danger to an adjacent
land- void
not only for buildings but also for
constructions that may be erected
notification to all owners of adjacent
lands
Voluntary easement
Art 688
every owner of tenement may establish
easement provided that:
it is deemed suitable
deemed best
do not contravene laws, public policy
and public order
Art 689
owner of tenenment or piece of land
may impose any servitudes without the
consent of the usuf- as long as it will not
injure the right of usufruct
Art 690
No perpetual voluntary easement may
be established without the consent of
the one who holds naked ownership of
the tenement and the one who owns
the land
Art 691
Easement on undivided tenement
consent of all co-owners is required
Consent by some- held in abeyance
until the last one of all shall have
expressed conformity
consent given by 1 separate from the
others shall bind the grantee
Art 692
possession of an easement acquired by
prescription shall determine the rights
of the servient estate
Art 693
owner of SE would like to establish
easement
should bear the cost of work required
preservation of the easement
he may free himself from this obligation
by renouncing his property to the
dominant estate
Art 694
Nuisance
any act, omission, establishment,
condition of property which:
a. injures or endangers the health or safety of
others
annoys or offends the senses
shocks, defies or disregards decency or
morality
obstructs or interferes with free
passage of any public highway or street
hinders or impairs use of property
Art 695
Public nuisance
affects a community or neighborhood
or any considerable number of persons
although the extent of the annoyance,
danger or damage may be unequal
private nuisance
one that is not included in ^
Art 696
successive owner who did not do
anything with the nuisance is also liable
as the one who created it
Art 697
abatement of nuisance does not
preclude the right of any person to
recover for damages in the past
Art 698
lapse of time cannot legalise any
nuisance
Remedies against public nuisance
prosecution under RPC or local
ordinance
civil action
abatement without judicial proceedings
Art 700
health officer shall take care of
remedies against a public nuisance
Art 701
if a civil action is brought by reason of
maintenance- action shall be
commenced by the mayor
Art 702
health officer shall determine whether
or not abatement is the best remedy
against a public nuisance
Art 703
a private person may file an action on
account of public nuisance
ESP if it is injurious to himself
Art 704
Conditions when a private person may destroy
the thing that constitutes nuisance without
committing breach of peace:
Demand be first made upon the owner
or possessor of the property to abate
the nuisance
Such demand has been rejected
That the abatement be approved by the
district health officer
The value of destruction does not
exceed 3k
Art 705
Remedies against private nuisance:
Civil action
Abatement without judicial proceedings
Art 706
Persons injured by private nuisance
may abate it by removing or destroying
it
Extrajudicial abatement procedure
should be followed
Art 707
When can a private person or public official
abating be liable?
If he causes unnecessary injury
If an alleged nuisance is later declared
by courts to be not a real nuisance