RIGHT OF ACCESSION Accession - right of the property owner to everything - which is produced thereby (accession discreta) - which is incorporated

or attached thereto either naturally or artificially (accession continua) divided into o natural accession o artificial accession right of an owner of a thing to the products of said things as well as to whatever is inseparably attached thereto as an accessory property given to a person in addition to what said person already possesses, said additional property being the result of a natural increase (e.g. land, deposit of a river, house, young of animals) right which ownership of property gives over everything which the same produces, is attached or incorporated, artificially or naturally the right is automatic and it is not a mode of acquiring ownership

Modes of Acquiring Ownership O ccupation L aw D onation T radition I intellectual creation P rescription S uccession Classification of Accession

A. Accession Discreta- right to the fruits produced by ones property

(1) natural fruits - spontaneous products of the soil, and the young and other products of animals - herbs common grass (2) industrial fruits - produce by lands of any kind through cultivation or labor - lanzones, bananas, palay, corn, zacate Under American Law (types of industrial fruits) a) perennial crops- those growing each season without need of replanting, like oranges and apples b) annual crops- those which have to be planted each year like cereals and grains (3) civil fruits - rents of buildings, price of leases of lands, and other property and the amount of perpetual or life annuities or other similar income - deemed to accrue daily annuities- structured payments or equal payments made regularly NATURAL Manifest or born INDUSTRIAL Manifest or born CIVIL Pro-rated- divided based on

While still growing are real property

While still growing are real property

another value, unit of time Accrue daily therefore they are personal property

Instances When Owner of Land Does not Own the Fruits (a) possessor in good faith of the land- owns the fruits already received (b) usufructuary (c) lessee gets the fruits of the land (d) contract of antichresis- antichretic creditor gets the fruits, to the interest first and then the principal amount of loan Antichresis- a person borrowing money of another hands over his property to the creditor allowing the use and occupation thereof; interest or the money loan B. Accession Continue- attachment or incorporation - accession industrial - building, planting, sowing Basic Principles (a) owner of the principal must belong also the accessions (b) union or incorporation must be effected in such a manner that to separate the principal from the accessory would result in substantial injury to either (c) good faith- responsible but not penalized (d) bad faith- penalized (e) no one should enrich himself injustly at the expense of another (f) bad faith of both parties neutralizes = good faith Whatever is built- all kinds of constructions with a roof, and used as a residence, office or use for social meetings Forms of Accession Natural 1) Alluvium- soil deposited or added to the lands adjoining the banks of rivers and gradually received as an effect of the current of the waters Requisites a) Gradual and imperceptible deposit b) Cause is the current of the river c) Current must be that of a river d) River must continue to exist e) Increase must be comparatively little f) Takes place adjacent to the bank of a river

2) Avulsion- process whereby the current of a river, creek, or torrent segregates from an
estate on its bank a known portion of land and transfers it to another state removal of considerable quantity of earth upon or annexation to the land of another, suddenly and by the perceptible action of the water AVULSION 1) sudden or abrupt process 2) identifiable or verifiable 3) belongs to owner from whose property it was detached

ALLUVIUM 1) gradual deposit of soil 2) soil cannot be identified 3) belongs to owner of property to which it is attached 3) Change of course of rivers

4) Formation of islands