All ▸ Bar 2024 ▸ CIVIL LAW ▸ IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS ▸ C. Right of Accession, Movables and Immovable (Civil Code, arts. 440-475)

Question

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

Scenario:

Andy owns a piece of land where he operates a construction company. He constantly purchases heavy machinery and equipment to support his business. Andy also has a neighboring property owned by Bella. Bella's property is vacant and idle, with no construction or development activities.

Question:

Under the principle of accession, who is entitled to the fruits produced by the construction company on Andy's land?
What are the legal remedies available to Andy if Bella's structure (movable) is built on his land without his consent?
Can Andy claim ownership over any movables left by Bella on his property after she vacates it?

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