Property Reviewer

by JAVA

TITLE II - OWNERSHIP

Chapter 1
OWNERSHIP IN GENERAL

ARTICLE 427. Ownership may be exercised over things or rights.

Ownership
 Is the independent and general right of a person to control a thing particularly in his
possession, enjoyment, disposition, and recovery, subject to no restrictions except those
imposed by the state or private persons, without prejudice to the provisions of the law.

Kinds of ownership:
1. FULL Ownership (dominion or jus in re propria) - includes all the rights of an owner
2. NAKED Ownership (nuda proprietas) - ownership where the right to the use and the fruits
has been denied
a. NO + U = FU
b. FU - NU = U
c. FU - U = NU
3. SOLE Ownership - where the ownership is vested in only one person.
4. CO-OWNERSHIP - when the ownership is vested in two or more owners; the concept of co-
ownership is unity of the property, and plurality of the subjects. Each co-owner, together
with other co-owners, is the owner of the whole, and at the same time, the owner of the
undivided aliquot part thereof.

ARTICLE 428. The owner has the right to enjoy and dispose of a thing, without other
limitations than those established by law.
The owner has also a right of action against the holder and possessor of the thing in order
to recover it.

Rights of an owner according to the Civil Code (EDR)

1. Right to enjoy
a. Right to possess
b. Right to use
c. Right to the fruits
2. Right to dispose
a. Right to consume or destroy or abuse
b. Right to encumber or alienate
3. Right to recover or vindicate

Rights of an owner under the Roman Law

1. Jus possidendi - right to possess
2. Jus utendi - right to the use
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3. Jus fruendi - right to the fruits

4. Jus abutendi - right to consume (and also to transform and abuse)
5. Jus disponendi - right to dispose
6. Jus vindicandi - right to recover
7. Jus accesionis - right to accessories

Actions to Recover

1. Recovery of Personal Property

- The proper action to recover personal property is REPLEVIN, governed by Rule 60,
Rules of Court.
- REPLEVIN is defined as an action or provisional remedy where the complainant
prays for the recovery of the possession of personal property.
2. Recovery of Real Property
A. Forcible Entry
- is defined as a summary action to recover material or physical possession of REAL
PROPERTY when a person originally in possession was deprived thereof by force,
intimidation, strategy, threat, or stealth. This action must be brought within one
year from the dispossession, however, in cases of strategy or stealth, the period of
one year must be counted from the time of discovery of such strategy or stealth. The
issue involved in this case is mere physical possession, not juridical possession nor
ownership.
- In forcible entry, the plaintiff is deprived of physical possession of his land or
building by means of FISTS. Thus he must allege and prove prior possession. If the
forcible entry was not accomplished through any of the above mentioned means,
forcible entry is not the proper action.

B. UNLAWFUL DETAINER
- is the action that must be brought when possession by a landlord, vendor, vendee,
or other person of any land or building is being unlawfully withheld after the
expiration or termination of the right to hold possession, by virtue of any contract,
express or implied. In such a case, prior physical possession is NOT REQUIRED. It is,
however, not the proper remedy if the purpose is not to recover possession but to
exact specific performance of a contract. The sole issue in an action for unlawful
detainer is physical OR material possession.
- Prescriptive Period
1. The action must be brought within one year from the time of possession
becomes unlawful, thus:
1. in case of contract of lease: the one year period begins from the
expiration of the lease.
2. non-payment of rent/ non-fulfilment of the conditions of the lease: the
one year period must be counted from the date of demand to vacate.
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UNLAWFUL DETAINER vs FORCIBLE ENTRY

1. In forcible entry, the possession was unlawful from the very beginning; in unlawful
detainer, the possession was lawful in the beginning, but became unlawful afterwards.
2. In both, ownership is not involved, but only the right to the material possession of the
premises.
3. Both are proceedings in personam and not actions in rem.
4. Damages: The plaintiff in both cases is entitled to damages, not for those caused to the
property, but for those caused by his being deprived of the use or possession of the
premises, such as the use and collection of fruits.

C. ACCION PUBLICIANA
- is intended for the recovery of the better right to possess, and is a plenary action
in an ordinary civil proceeding before the RTC.
- must be brought within a period of ten years, otherwise, the real right of possession
is lost.
- The issue is not possession de facto, bus possession de jure.
- Kinds:
(1) that were the entry was not obtained through FISTS.
(2) that were the one year period for bringing forcible entry or unlawful detainer
has already expired.

D. ACCION REIVINDICATORIA
- an action to recover ownership over real property.
- Prescription: Insofar as real property is concerned, ordinary prescription which
requires, aside from other requirements for prescription, good faith and just title
runs for ten years; extraordinary prescription, which does not require good faith or
just title, runs for 30 years.
- Issue: is OWNERSHIP, and for this purpose, evidence of title or mode may be
introduced.
Additionally, we can also make use in certain cases of the:
1. Writ of Injunction
A person deprives of his possession of real or personal property is ordinarily not allowed
to avail himself of the remedy of preliminary preventive or prohibitory injunction, the reason
being that the defendant in actual possession is presumed disputably to have the better right.
Under certain conditions, and in view of the frequent delays in cases of this nature, the remedy of
the writ of preliminary mandatory injunction may be availed of in the original case of forcible
entry; and during the appeal, in the case of unlawful detainer.

2. Writ of Possession
A writ of possession used in connection with the Land Registration Law is an order
directing the sheriff to place a successful registrant under the Torrens System in possession of the
property covered by a decree of the Court.

Limitations on Ownership
 The right of ownership is not absolute. There are limitations which are imposed for the
benefit of humanity and which are based on certain legal maxims, such as the following:
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 The welfare of the people is the supreme law of the land.

 Use your property so as not to impair the rights of others.

 Limitations:
1. Given by the State or the Law
- State: Police Power, Eminent Domain, Taxation;
- Law: the legal easement of waters; right of way)
2. Given by the owner (or grantee) himself
- when the owner leases his property to another, said owner in the meantime
cannot physically occupy the premises
3. Given by the person (grantor) who gave the thing to its present owner.
- the donor may prohibit the donees from partitioning the property for a
period not exceeding 20 years

I. Police Power
 the right of the State to regulate and restrict personal and property rights for the common
weal.
 Police power is a limitation on the right of ownership in the sense that property may be
interfered with, even destroyed, if the welfare of the community so demands it.
 Based on the Latin Maxim - salus populi est suprema lex
 For the State to exercise police power, it is essential that:
 1. the interests of the public in general, as distinguished from a particular class,
require such interference;
 2. the means employed be reasonably necessary for the accomplishment of the
purpose, and not unduly oppressive upon individuals.
 There is no Financial Compensation in Police Power. The compensation here is the
altruistic feeling that one has contributed to the welfare of the people. Hence, taking of
property because of police power is “damage without injury”.
 Police Power is vested primarily in Congress of the Philippines, but its exercise may be
delegated to municipal corporations (through the general welfare clause), and sometimes
to the President of the Philippines during periods of emergency.

II. Power of Taxation

 Taxation is the inherent power of a State to raise income or revenue to defray necessary
governmental expenses for a public purpose.

III. Power of Eminent Domain (Article 435)

Art. 429. The owner or lawful possessor of a thing has the right to exclude any person from
the enjoyment and disposal thereof. 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.

Doctrine of Self-Help
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 the right to counter, in certain cases, force with force.

 Article 11, par 1 (RPC) is treated and includes not only defense to a man’s person but also
that of his rights, including the right to property.

Article 430. Every owner may enclose or fence his land or tenements by means of walls,
diteches, live or dead hedges, or by any other means without detriment to servitudes
constituted thereon.

Article 431. The owner of a thing cannot make use thereof in such manner as to injure the
rights of a third person.

Article 432. 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

State of Necessity
- Considered as a justifying circumstance
- Any person who, in order to avoid an evil or injury, does an act which causes
damage to another does not incur criminal liability provided that the following
requisites are present:
1. That the evil sought to be avoided actually exists;
2. That the injury feared b greater than that done to avoid it;
3. That there be no other practical and less harmful means of preventing it.

Article 433. Actual possession under claim of ownership raises a disputable presumption
or ownership. The true owner must resort to judicial process for the recovery of the
property.

Requirements to raise a disputable presumption of ownership:

1. Actual possession;
2. Claim of ownership

This article applies to both immovable and movable property.

Article 434. In an action to recover, the property must be identified, and the plaintiff must
rely on the strength of his title and not on the weakness of the defendant’s claim.
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Requisites:
1. Property must be identified.
2. Reliance on the title of the plaintiff.

Article 435. No person shall be deprived of his property except by competent authority and
for public use and always upon payment of just compensation.

Should this requirement be not first complied with, the courts shall protect and, in a proper
case, restore the owner in his possession.

Eminent Domain
 Definition: the superior right of the State to own certain properties under certain
conditions, is a limitation on the right of ownership, and may be exercised even over
private properties of cities and municipalities, and even over lands registered with a
Torren’s Title.
 It is the right of a State to acquire private property for public use upon payment of just
compensation.
 Essential Requisites:
 1. Taking by a competent authority
 2. Observance of due process of law
 No person shall be deprived of property without due process of law; Rule 67
- Expropriation - of the Rules of Court.
 3. Taking for Public Use
 The question as to whether or not any specific or particular use is a public
one is ultimately a judicial question.
 Doctrine of Reasonable Necessity: Absolute necessity for expropriation is not
required; all that is needed is a reasonable necessity for the public use
intended.
 4. Payment of Just Compensation
 means a fair and full equivalent of the loss sustained
 it is the market value (the price that the property will bring when it is offered
for sale by one who desires, but is not obliged to sell it, and is bought by one
who is under no necessity of having it) PLUS the consequential damages, if
any, MINUS the consequential benefits, if any.
 Determination is a JUDICIAL FUNCTION.
 The value indeed should be determined by, among other factors, its character
at the time of the taking, and not as a “potential building site.”
 The value of the property AT THE TIME OF THE TAKING, or a t the time of
the FILING of the cases, whichever comes first.

Art. 436. When any property is condemned or seized by competent authority in the interest
of health, safety or security, the owner thereof shall not be entitled to compensation, unless
he can show that such condemnation or seizure is unjustified.
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Abatement of Nuisances
A State, in the exercise of police power, may abate nuisances, whether public or private,
whether per se or per accidens.
1. Public Nuisance - that which affects a community or a considerable number of persons
2. Private Nuisance- that which is not public.
3. Nuisance per se - that which is a nuisance under all circumstances.
4. Nuisance per accidens - that which is a nuisance only under certain circumstances.

Article 437. The owner of a parcel of land is the owner of its surface and of everything
under it, and he can construct thereon any works or make any plantations and excavations
which he may deem proper, without detriment to servitudes and subject to special laws
and ordinances. He cannot complain of the reasonable requirements or aerial navigation.

Surface Right of a Land Owner

If a person owns a piece of land, it is understood that he also owns its surface, up to the
boundaries of the land, with the right to make thereon allowable constructions, plantings, and
executions, subject to:
1. Servitudes or easements
2. Special laws (like the Mining Law)
3. Ordinances
4. The reasonable requirements of aerial navigation
5. Principles on Human relations (Justice, honesty, good faith) and the prevention of injury to
the rights of third persons.

Artcle 438. Hidden treasure belongs to the owner of the land, building, or other property on
which it is found.
Nevertheless, when the discovery is made on the property of another, or of the State
or any of its subdivisions, and by chance, one-half thereof shall be allowed to the finder. If
the finder is a trespasser, he shall not be entitled to any share of the treasure.
If the things found be of interest to science or the arts, the State may acquire them at
their just price, which shall be divided in conformity with the rule stated.

Article 439. By treasure is understood, for legal purposes, any hidden and unknown deposit
of money, jewelry, or other precious objects, the lawful ownership of which does not
appear.
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Chapter 2
RIGHT OF ACCESSION

Art. 440. The ownership of property gives the right by accession to everything which is
produced thereby, or which is incorporated or attached thereto, either naturally or
artificially.

Accession, defined
 The right of an owner of a thing to the products of said thing as well as to whatever is
inseparably attached thereto as an accessory.

Classification of Accession
A. Accession Discreta (To the Fruits)
a. Natural
b. Industrial
c. Civil
B. Accession Continua (Attachment or Incorporation)
a. With reference to real property
1. Accession industrial
1. Building
2. Planting
3. Sowing
2. Accession Natural
1. Alluvium
2. Avulsion
3. Change of course of rivers
4. Formation of Islands
b. With respect to personal property
i. Adjunction or conjunction
1. Inclusion (engraftment)
2. Soldadura (Attachment)
3. Tejido (Weaving)
4. Pintura (Painting)
5. Escritura (Writing)
ii. Mixture (Confusion – liquids; Commixtion – ssolids)
iii. Specification

NOTE: Accession is not a mode of Acquiring Ownership.

Modes of Acquiring Ownership

According to Book III of the Civil Code, the following are the different modes of acquiring
ownership:
1. Occupation
2. Intellectual Creation
3. Law
4. Donation
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5. Succession
6. Tradition, as a consequence of certain contracts
7. Prescription

Section 1
RIGHT OF ACCESSION WITH RESPECT TO WHAT IS PRODUCED BY PROPERTY
(ACCESSION DISCRETA)

ARTICLE. 441 - To the owner belongs:

1. The natural fruits;
2. The industrial fruits;
3. The civil fruits.

This article refers to accession discreta which is defined as the right to the ownership of
fruits produced by our property.

Instances when owner of land does not own the fruits:

1. Possessor in good faith (He owns the fruits already received)
2. Usufructuary
3. Lessee gets the fruits of the land (Of course, the owner gets the civil fruits in the form of
rentals)
4. In the contact of antichresis, the antichretic creditor gets the fruits, although of course, said
fruits should be applied first, to the interest, if any is owing, and then to the principal
amount of the loan.

Note: Rent is a civil fruit that belongs to the owner of the property producing it by right of
accession.

ARTICLE 442. Natural fruits are the spontaneous products of the soil, and the young and
other products of animals.
Industrial fruits are those produced by lands of any kind through cultivation or labor.
Civil fruits are the rents of buildings, the price of leases of lands and other property and
the amount of perpetual or life annuities or other similar income.

Article 443. He who receives the fruits has the obligation to pay the expenses made by a
third person in their production, gathering, and preservation.

This article states the duty of recipient of fruits to reimburse necessary expenses. This
article, however, does not apply when the planter is in good faith, because in this case, he is
entitled to the fruits already received, hence, there is no necessity of reimbursing them.

Characteristic of the “expenses” referred to in Article 443

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1. They must have been used for production, gathering, or preservation, not for the
improvement of the property.
2. They must have been necessary, and not luxurious or excessive. Indeed, they must be
commensurate with those ordinarily necessitated by the product.

Article 444, Only such as are manifest or born are considered as natural or industrial fruits.
With respect to animals, it is sufficient that they are in the womb of the mother, although
unborn.

Two Kinds of Crops

1. Annual Crops - are deemed manifest (existing) the moment their seedlings appear from the
ground, although the grains have not yet actually appeared.
2. Perennial crops - are deemed to exist only when they actually appear on the trees

Rules on Civil vs Natural and Industrial

1. Civil fruits accrue daily and are therefore considered in the category of personal property;
natural fruits and industrial fruits, while still growing are real property.
2. Civil fruits can be pro-rated; natural and industrial fruits ordinarily cannot.

Section 2
RIGHT OF ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY

ARTICLE 445. Whatever is built, planted or sown on the land of another and the
improvements or repairs made thereon, belong to the owner of the land, subject to the
provisions of the following article.

This article deals with accession continua; more specifically to accession industrial. (
Building, Planting, Sowing)

Basic principle of Accession Continua

1. To the owner of the principal must belong also the accessions, in accordance with the
principle that “the accessory follows the principal.”
2. The union or incorporation must, with certain exceptions, be effected in such a manner that
to separate the principal from the accessory would result in substantial injury to either.
3. He who is in good faith may be held responsible but he should not be penalized.
4. He who is in bad faith may be penalized.
5. No one should enrich himself unjustly at the expense of another.
6. Bad faith of both parties neutralizes them, each being considered in good faith.

Exception to the General Rule in Art. 445 (re:Conjugal Partnership)

It is important to Note which is Bigger o Greater:
1. The value of the property just before the improvement was made; or
2. Its value after the improvement including the cost.
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Rules:
1. If the value of the property just before the improvement was made is greater, the whole
thing belongs to the owner-spouse, without prejudice to reimbursement of the conjugal
partnership.
2. If its value after the improvement including the cost is greater, the whole thing belongs to
the conjugal partnership but the owner-spouse must be reimbursed.

Article 446. All works, sowing, and planting are presumed made by the owner and at his
expense, unless the contrary is proved.

Two disputable (juris tantum) presumptions under this Article are:

1. The works, sowing, and planting were made by the owner.
2. They were made at the owner’s expense.

Article 447. The owner of the land who makes thereon, personally or through another,
plantings, constructions or works with the materials of another, shall pay their value; and,
if he acted in bad faith, he shall also be obliged to the reparation of damages. The owner of
the materials shall have the right to remove them only in case he can do so without injury
to the work constructed, or without the plantings, constructions or works being destroyed.
However, if the landowner acted in bad faith, the owner of the materials may remove them
in any event, with a right to be indemnified for damages.

Rule when Landowner constructs or plants on his land with the materials of another:
1. Rights and Obligations of the OWNER OF THE LAND
A. When Landowner is in GOOD FAITH
- He becomes the owner of the materials but he must pay their values
- Exception is when such materials can be removed without destruction to
the work made.
B. When Landowner is in BAD FAITH
- He becomes the owner of the materials but he must pay their value and
damages.
- Exception is when the owner of the materials decides to remove them WON
damage would be caused.
2. Rights and Obligations of the OWNER OF THE MATERIALS
A. When Landowner is in GOOD FAITH
- the owner of the materials is entitled for reimbursement provided he does
not remove them
- He is entitled to removal provided no substantial injury is caused
B. When Landowner is in BAD FAITH
- owner of the materials is entitled to the ABSOLUTE RIGHT of removal and
entitled to damages, whether or not substantial injury is caused.
- He is entitled to reimbursement and damages, if he chooses not to remove.
-
Rule when both parties are in Bad faith:
- Consider them both in GOOD FAITH.
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Rule when Landowner is in Good Faith but owner of the materials is in Bad Faith:
- There is no provision of the law on this point, but it would seem that the landowner
would not only be exempted from reimbursement, but he would also be entitled to
consequential damages (as when for instance, the materials are of inferior quality).
Moreover, the owner of the materials would lose all rights to them, such as the right
of removal, regardless of whether or not substantial injury would be caused.

Article 448. The owner of the land on which anything has been built, sown or planted in
good faith, shall have the right to appropriate as his own the works, sowing or planting,
after payment of the indemnity provided for in Articles 546 and 548, or to oblige the one
who built or planted to pay the price of the land, and the one who sowed, the proper rent.
However, the builder or planter cannot be obliged to buy the land if its value is
considerably more than that of the building or trees. In such case, he shall pay reasonable
rent, if the owner of the land does not choose to appropriate the building or trees after
proper indemnity. The parties shall agree upon the terms of the lease and in case of
disagreement, the court shall fix the terms thereof.

Rule When on the Land of a Person in Good Faith, Another Builds, Sows, or Plants in Bad
Faith:
The Owner of the Land is entitled to the following options:
1. To appropriate for himself the property upon payment of the proper indemnity;
2. Or to compel the builder, planter, or sower to buy the land upon which the property
has been built, unless the value of the land be considerably more than the value of
the house. (In the latter case, rent should be paid.)

Reasons why the OPTION is given to the Landowner and not to the Planter or Builder
1. His right is older;
2. And because, by the principle of accession, he is entitled to the ownership of the
accessory thing.

Indemnity in Case of Appropriation

In case he owner chooses to appropriate the thing built, or sown, or planted, the indemnity
provided for in Arts. 546 and 548 of the New Civil Code.
1. Necessary Expenses
2. Useful Expenses
3. Luxurious Expenses - if he desires to appropriate them for himself.

Article 449. He who builds, plants or sows in bad faith on the land of another, loses what is
built, planted or sown without right to indemnity.
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- Effect of Building, Planting or Sowing in Bad faith: Loss of Object Without Indemnity
(See comments under Article 451)
- Art. 449 applies, in the case of planting or sowing, only to growing or standing crops, not
to gathered crops, which are governed by Art. 443

Article 450. The owner of the land on which anything has been built, planted or sown in
bad faith may demand the demolition of the work, or that the planting or sowing be removed, in
order to replace things in their former condition at the expense of the person who built, planted or
sowed; or he may compel the builder or planter to pay the price of the land, and the sower the
proper rent.
Article 451. In the cases of the two preceding articles, the landowner is entitled to damages
from the builder, planter or sower.

Three Articles in Bad Faith (449-451)

Illustrative Example: If B builds in bad faith a house on O’s land (O being in good faith), what are
the three alternative rights of O?
1. Get the property without paying any indemnity for its value or expenses (but with the
obligation to pay, under Article 452, the necessary expenses for the preservation not of
the property, but of the land) PLUS damages.
2. Demand the demolition of the house, at the builder’s expense, PLUS damages
3. Compel the builder to buy the land, whether or not the value of the land is considerably
more than the value of the house, PLUS damages.

Article 452. The builder, planter or sower in bad faith is entitled to reimbursement for the
necessary expenses of preservation of the land.

A builder in bad faith can lose the building, without indemnity for the necessary or useful
expenses for the building, BUT he must be indemnified the necessary expenses for the preservation of
the land because, after all, the true owner would have borne such expenses anyway, even if nothing had
been built on the land.

Article 453. If there was bad faith, not only on the part of the person who built, planted or sowed
on the land of another, but also on the part of the owner of such land, the rights of one and the
other shall be the same as though both had acted in good faith.
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 bad faith of one neutralizes the bad faith of the other, so both will be considered in good
faith.
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Article 454. When the landowner acted in bad faith and the builder, planter or sower proceeded in
good faith, the provisions of Article 447 shall apply.

Example: In good faith, a builder, X built a house on the land of O who was in bad faith. Adjudicate
their respective rights.

Answer: the law says that in a case like this, we have to apply Article 447. Therefore, it is as if O built
on his land a house in bad faith with materials of X. Consequently:
a. O must pay for the value of the house plus damages because of his bad faith;
b. If however X prefers to remove or destroy the house, O would still be liable for
damages.

Article 455. 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.
This provision shall not apply if the owner makes use of the right granted by Article 450. 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.

Rule when three parties are involved

In this article, three people are involved – the landowner, the builder (or planter or sower), and
the owner of the materials. The rights of the first two remain UNAFFECTED, their rights being
established by the preceding articles. The important thing under this article is the discussion of the rights
of the owner of the materials.

Rights of the owner of the materials

A. If he acted in BAD FAITH, he loses all rights to be indemnified. Moreover, he can be liable
for consequential damages (as when the materials are of an inferior quality).
B. If he acted in GOOD FAITH, he is entitled to reimbursement from the builder (or planter
or sower) principally, since it was the builder (or planter or sower) who FIRST made use
of the materials. In case of insolvency on the part of the builder, the landowner is
subsidiarily liable, if he makes use of the materials.

BAD Faith on the part of the three parties

If all the three parties are in bad faith, all must be considered to have acted in good faith.
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Article 456. In the cases regulated in the preceding articles, good faith does not necessarily
exclude negligence, which gives right to damages under Article 2176.

This article states that GOOD FAITH may co-exist with NEGLIGENCE

Article 457. To the owners of lands adjoining the banks of rivers belong the accretion
which they gradually receive from the effects of the current of the water.

Forms of Accession Natural

With this article begins accession natural, the principal forms of which are:
1. Alluvium
2. Avulsion
3. Change of course of rivers
4. Formulation of islands

ALLUVIUM
- Alluvium is the soil deposited or added to (accretion) the lands adjoining the banks
of rivers, and gradually received as an effect of the current of the waters. By law,
accretion is owned by the owner of the estate fronting the river bank (riparian
owner).
- Accretion: is the process whereby the soil is deposited, while alluvium is the soil
deposited on the estate fronting the river bank; the owner of such estate is the
riparian owner.

Essential Requisites of Alluvium

1. The deposit should be gradual and imperceptible (as a process).
2. Cause is the current of the river (and not due to works expressly designed for the purpose)
3. Current must be that of a river (if a lake, the Spanish Law of Waters must apply; if the sea,
the deposit belongs to the State)
4. The river must continue to exist
5. The increase must be comparatively little, and not, for example, such as would increase the
area of the riparian land by over 150%.