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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

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

Question:

Alex and Ben are neighbors who both own houses with adjacent lots. Alex decides to extend his house by constructing an additional room. In the process, he mistakenly encroaches upon Ben's property by a few inches. Ben becomes aware of the encroachment and demands that Alex remove the encroaching structure immediately.

Based on the principle of accession, discuss the rights and remedies of Alex and Ben in this situation. Determine whether Alex has the right to retain the encroaching structure and whether Ben can demand compensation or seek legal action to address the encroachment.

  1. Discuss the specific principles and provisions of the Civil Code that govern the right of accession in relation to movable and immovable property.
  2. Analyze the legal consequences of the unintentional encroachment on Ben's property by Alex.
  3. Identify the available legal remedies and options for both parties to resolve the issue.

Write a comprehensive essay, discussing the rights and remedies of Alex and Ben based on the principles of accession and relevant provisions of the Civil Code.




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Bar Review Question: IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS C. Right of Accession, Movables and Immovable (Civ