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AllBar 2024CIVIL LAWIV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONSC. Right of Accession, Movables and Immovable (Civil Code, arts. 440-475)

Question

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

Consider the following scenarios involving right of accession, movables, and immovables. Apply the relevant provisions of the Civil Code (articles 440-475) to answer the questions that follow:

  1. Alex and Benny jointly own a piece of land. Alex built a house on the land using his funds and resources. Benny, without Alex's knowledge or consent, decided to build a swimming pool adjacent to the house using his own funds and resources. Both structures are permanently attached to the land. Alex now claims that the swimming pool should be considered his property as it is an accessory to his house.
  2. Carla recently purchased a vacant lot. She discovered buried artifacts, including ancient gold coins, while excavating the lot for construction. The artifacts have significant historical and archaeological value. Carla wants to keep the artifacts and sell them to a museum. However, a local historical preservation society claims that the artifacts should be considered part of the public heritage and should be turned over to the government.
  3. David and Emily are married and jointly own a residential property. David decides to convert a part of the property into a home office by extensively renovating the area. This conversion increases the value of the property. However, Emily wants to sell the property and argues that she should be entitled to the increase in value resulting from the home office conversion.



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Bar Review Question: IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS: Right of Accession, Movables and Immovables (Civil