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

Question

IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS: Right of Accession, Movables and Immovable (Civil Code, arts. 440-475)

A owns a residential property and decides to construct a swimming pool in the backyard. In the process, A accidentally damages his neighbor's fence, which is located near the property boundary. The neighbor, B, demands compensation for the damage caused to his property.

Considering the principles of the right of accession under the Civil Code, discuss the following:

What is the general rule regarding the responsibility for the damages caused by the construction of an improvement or alteration on an immovable property?
Does the general rule apply to the given scenario? Explain why or why not.
If the damages caused by the construction were due to B's negligent maintenance of the fence, would the responsibility be different? Discuss.
What steps should A and B take in order to resolve their dispute regarding the compensation for the damages?

Ace the Bar with A.I

You know about A.I. but you don't know just how much it can help you ace the bar? watch this.

A.I. Powered: Philippine Bar Reviewer

Question

Ace the Bar with A.I

Other Questions in This Topic