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

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Property, Ownership, and Its Modifications: Right of Accession, Movables and Immovable

Mr. Santos owns a piece of land adjacent to his neighbor, Mrs. Garcia. Due to his busy schedule, Mr. Santos rarely visits his property. One day, he discovered that Mrs. Garcia had constructed a small store on his land without his permission. Mr. Santos wants to assert his rights over his property and remove the unauthorized structure.

Based on the provisions of the Civil Code (Articles 440-475), discuss the following:

What is the concept of accession in relation to movable and immovable property?
What are the different modes of acquiring ownership by accession? Explain each mode.
Can Mr. Santos claim ownership over the unauthorized structure built by Mrs. Garcia on his land? What legal remedies are available to Mr. Santos in this situation?

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