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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Question IV: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

Consider the following scenario:

David and Michael are neighbors who reside in a residential subdivision. David owns a vacant lot adjacent to his house, while Michael owns a two-story house and a car. One day, David noticed that a tree on his vacant lot has grown tall and its branches have started to extend onto Michael's property. On the other hand, Michael noticed that a portion of his carport has encroached onto David's vacant lot. Both David and Michael are concerned about how these situations may affect their respective property rights.

Based on the given scenario, answer the following questions:

What legal principle governs the situation wherein a tree's branches extend onto a neighboring property? Explain the rights and obligations of David and Michael in this regard.
What legal principle governs the situation wherein a portion of Michael's carport encroaches onto David's vacant lot? Explain the rights and obligations of David and Michael in this regard.

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