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    Concept of An Owner Necessary Expenses Useful Expenses Luxurious or Ornamental Expenses Fruits Liability For Loss or Deterioration

    Uploaded by

    Chris Co
    This document outlines the rights and responsibilities of a possessor regarding necessary expenses, useful expenses, luxurious expenses, fruits, and liability for loss or deterioration when occupying property. It discusses the possessor's right to refund, retention, removal of improvements, ownership of fruits, and liability depending on whether the possessor acted in good or bad faith. The key points are that a possessor in good faith has rights to refund, retention or removal of improvements, while a possessor in bad faith generally has no rights and may be liable for damages or loss of property value.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    Concept of An Owner Necessary Expenses Useful Expenses Luxurious or Ornamental Expenses Fruits Liability For Loss or Deterioration

    Uploaded by

    Chris Co
    53 views1 page
    This document outlines the rights and responsibilities of a possessor regarding necessary expenses, useful expenses, luxurious expenses, fruits, and liability for loss or deterioration when occupying property. It discusses the possessor's right to refund, retention, removal of improvements, ownership of fruits, and liability depending on whether the possessor acted in good or bad faith. The key points are that a possessor in good faith has rights to refund, retention or removal of improvements, while a possessor in bad faith generally has no rights and may be liable for damages or loss of property value.

    Original Description:

    Property

    Original Title

    Table

    Copyright

    © © All Rights Reserved

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    This document outlines the rights and responsibilities of a possessor regarding necessary expenses, useful expenses, luxurious expenses, fruits, and liability for loss or deterioration when occupying property. It discusses the possessor's right to refund, retention, removal of improvements, ownership of fruits, and liability depending on whether the possessor acted in good or bad faith. The key points are that a possessor in good faith has rights to refund, retention or removal of improvements, while a possessor in bad faith generally has no rights and may be liable for damages or loss of property value.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    53 views1 page

    Concept of An Owner Necessary Expenses Useful Expenses Luxurious or Ornamental Expenses Fruits Liability For Loss or Deterioration

    Uploaded by

    Chris Co
    This document outlines the rights and responsibilities of a possessor regarding necessary expenses, useful expenses, luxurious expenses, fruits, and liability for loss or deterioration when occupying property. It discusses the possessor's right to refund, retention, removal of improvements, ownership of fruits, and liability depending on whether the possessor acted in good or bad faith. The key points are that a possessor in good faith has rights to refund, retention or removal of improvements, while a possessor in bad faith generally has no rights and may be liable for damages or loss of property value.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    CONCEPT

    OF AN
    OWNER

    NECESSARY
    EXPENSES
    1. REFUND

    I
    N

    2. RIGHT OF
    RETENTION

    3. RIGHT OF REMOVAL
    PROVIDED NO
    SUBSTANTIAL INJURY IS
    CAUSED TO THE
    PRONCIPAL THAT REDUCES
    ITS VALUE UNLESS
    OWNER EXERCISES THE
    OPTION TO EITHER
    REFUND THE EXPENSE OR
    PAY THE INCREASE IN
    VALUE

    F
    A
    I
    T
    H

    REFUND
    ONLY

    B
    A
    D
    F
    A
    I
    T
    H

    Jen Laygo 2D

    1. RIGHT TO REIMBURSEMENT
    OF EITHER THE AMOUNT
    SPENT OR THE INCREASE
    IN VALUE DUE TO THE
    EXPENSE
    2. RIGHT OF RETENTION DURING WHICH NO RENT
    MAY BE REQUIRED FROM
    HIM

    G
    O
    O
    D

    I
    N

    USEFUL EXPENSES

    NO RIGHT, NOT EVEN TO


    MAKE REMOVAL

    LUXURIOUS OR
    ORNAMENTAL EXPENSES

    In general, no right of refund


    or retention but can
    REMOVE if no substantial
    injury is caused.
    However, owner has
    OPTION to allow:
    1. POSSESSOR TO
    REMOVE

    2.

    FRUITS

    1.

    GATHERED OR SEVERED OR
    HARVESTED FRUITS ARE HIS
    OWN

    2.

    PENDING OR UNGATHERED
    FRUITS PRO-RATING BETWEEN
    POSSESSOR AND OWNER OF
    EXPENSES, NET HARVEST AND
    CHARGES.

    OWNER MAY
    RETAIN FOR
    HIMSELF THE
    ORNAMENT BY
    REFUNDING THE
    AMOUNT SPENT

    In general, no right of refund or


    retention but can remove if
    no substantial injury is
    caused.
    However, owner has option to
    allow:
    1. Possessor to remove
    2. Owner may retain for
    himself the ornament
    by Refunding the Value
    it has AT THE TIME
    OWNER ENTERS
    INTO POSSESSION.

    1. GATHERED FRUITS Must return


    value of fruits already received as
    well as value of fruits which the
    owner could HAVE received with
    due care and diligence, MINUS
    NECESSARY EXPENSES for
    cultivation, gathering and
    harvesting.
    2. PENDING OR UNGATHERED
    FRUITS NO RIGHTS AT ALL
    because by accession, all belong to
    the owner w/o need for indemnity.
    Possessor in BF duty-bound to
    render an accounting of fruits received
    or could have been received and must
    pay damages amounting to a reasonable
    rent for the term of his possession.
    The rule as to fruits does not apply to
    a defendant in a forcible entry case
    where damages are the reasonable
    compensation for the use and
    occupation of the premises the fair
    rental value.

    LIABILITY FOR LOSS


    OR DETERIORATION

    1.

    BEFORE RECEIPT
    OF JUDICIAL
    SUMMONS NOT
    LIABLE

    2.

    AFTER JUDICIAL
    SUMMONS
    A. FORTUITOUS
    EVENT NOT
    LIABLE
    B. FRAUDULENT
    INTENT OR
    NEGLIGENCE
    - LIABLE

    ALWAYS LIABLE

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