CHAPTER 3

RIGHT OF ACCESSION

GENERAL PROVISIONS

SECTION 1. - Right of Accession with Respect to

What is Produced by Property

Art. 441. To the owner belongs:

(1) The natural fruits;

These are the natural products or advantages of the property, such as crops grown on
agricultural land, rental revenue from real estate, or interest from financial assets. The owner
has the right to these natural fruits as part of their ownership.

(2) The industrial fruits;

Industrial fruits are the benefits or profits derived from the industry, labor, or effort done
on the land. For example, the earnings of a firm or the money created by a commercial
enterprise would fall under the category of industrial fruits, which belong to the proprietor.

(3) The civil fruits.

Civil fruits include benefits or revenue derived from the use of the property itself, such as
rent, lease payments, or any other financial gains directly related to the use of the property. The
owner maintains the right to these civil fruits as part of their ownership privileges.
 SECTION 2. - Right of Accession with Respect to Immovable Property

Art. 445. Whatever is built, planted, or sown on the land of another, and the
improvements or repairs made thereon, belong to the owner of the land, subject to the
provisions of the following articles.

This article establishes landowner's ownership rights over physical improvements on

Art. 449. He who builds, plants or sows in bad faith on the land of indemnity.

This article discourages unauthorized construction or land use, preventing individuals

Art. 466. Whenever two movable things belonging to different owners are, without bad
faith, united in such a way that they form a single object, the owner of the principal thing
acquires the accessory, indemnifying the former owner thereof for its value.

This legal provision states that when two movable objects are combined to form a single
entity, the owner of the main object gains ownership of the secondary object, unless there's bad
faith, and the previous owner is entitled to compensation for the incorporated object's value.
This ensures a fair and just resolution for all involved.

Art. 467. The principal thing, as between two things incorporated, is deemed to be that to
which the other has been united as an ornament, or for its use or perfection.

This legal provision articulates that when two items are combined or incorporated, the
principal item is the one to which the other has been joined as an ornament, for its use, or to
enhance its functionality. In essence, when two things are joined together, the principal item is
the one that the other serves to adorn, fulfill a purpose, or improve in some way.

Art. 468. If it cannot be determined by the rule given in the preceding article which of the
two things incorporated is the principal one, the thing of the greater value shall be so
considered, and as between two things of equal value, that of the greater volume.
The legal provision establishes a hierarchy to determine the principal item when two
incorporated things aren't clearly identified. If one item's value surpasses the other, it becomes
the principal item, ensuring clarity in ambiguous incorporation cases.

Art. 475. In the preceding articles, sentimental value shall be duly appreciated.

The legal provision emphasizes the importance of considering the emotional significance
of an item when determining ownership, incorporation, or principal objects in previous articles.
 Title III. - CO-OWNERSHIP

Note: As the same refers to the generated plans/ designs for a Project.

Art. 484. There is co-ownership whenever the ownership of an undivided thing or right
belongs to different persons.

In default of contracts, or of special provisions, co-ownership shall be governed by the

This legal provision outlines co-ownership, where undivided property or rights are held
by different individuals. Without specific contracts or provisions, the title of the law dictates the
arrangements and responsibilities related to co-ownership.

Art. 485. The share of the co-owners, in the benefits as well as in the charges, shall be
proportional to their respective interests. Any stipulation in a contract to the contrary
shall be void.

The portions belonging to the co-owners in the co-ownership shall be presumed equal
unless the contrary is proved.

The legal provision outlines principles for co-ownership, ensuring proportional shares in
benefits and responsibilities, and presumes equal portions unless proven otherwise. Any
contractual agreement contradicting this proportional allocation is void.

Art. 486. Each co-owner may use the thing owned in common, provided he does so in
accordance with the purpose for which it is intended and in such a way as not to injure
the interest of the coownership or prevent the other co-owners from using it according to
their rights. The purpose of the co-ownership may be changed by agreement, express or
implied.

Art. 486 ensures co-owners can use shared property without harming each other's
interests, allowing them to exercise their rights without obstruction, and suggests that co-
ownership can be altered through explicit or implicit agreements.
Art. 487. Any one of the co-owners may bring an action in ejectment.
This provision, Art. 487, allows any of the co-owners to take legal action, specifically in
ejecting or removing a person from the shared property. It grants individual co-owners the right
to initiate legal proceedings to address issues related to the property and its use.

Art. 488. Each co-owner shall have a right to compel the other co-owners to contribute to
the expenses of preservation of the thing or right owned in common and to the taxes.
Any one of the latter may exempt himself from this obligation by renouncing so much of
his undivided interest as may be equivalent to his share of the expenses and taxes. No
such waiver shall be made if it is prejudicial to the co-ownership.

Art. 488 outlines co-owners' rights and responsibilities regarding property expenses and
taxes. Each co-owner can demand other co-owners contribute but can waive this obligation by
giving up their share of the property's value. This allows one co-owner to assume the full
financial burden but must not harm the co-ownership or other co-owners' interests.

Art. 489. Repairs for preservation may be made at the will of one of the co-owners, but he
must, if practicable, first notify his co-owners of the necessity for such repairs. Expenses
to improve or embellish the thing shall be decided upon by a majority as determined in
Article 492.

Art. 489 outlines the process for repairing and improving property owned by multiple
parties. It allows one co-owner to undertake repairs without consent, ensuring property
preservation. However, for improvements, expenses must be decided by majority vote, requiring
co-owners' agreement on significant changes or enhancements that could impact property value
or use.
Art. 490. Whenever the different stories of a house belong to different owners, if the titles
of ownership do not specify the terms under which they should contribute to the
necessary expenses and there exists no agreement on the subject, the following rules
shall be observed:

Art. 490 addresses the scenario where different stories of a house belong to different
owners, and if the ownership titles do not specify terms for contributing to necessary expenses,
nor is there an existing agreement on the matter. In this situation, the article sets out rules to be
followed in determining how the owners should contribute to these essential expenses.

(1) The main and party walls, the roof and the other things used in common, shall be
preserved at the expense of all the owners in proportion to the value of the story
belonging to each.

The provision mandates that all individual owners must bear the cost of maintaining the
building's main and party walls, roof, and shared elements, proportional to the value of each
owner's story.

(2) Each owner shall bear the cost of maintaining the floor of his story; the floor of the
entrance, front door, common yard, and sanitary works common to all, shall be
maintained at the expense of all the owner’s pro rata.

Owners maintain building floors, but entrance, front door, common yard, and shared
sanitary facilities are maintained at property owner's expense, based on ownership stake,
dividing costs among owners.
(3) The stairs from the entrance to the first story shall be maintained at the expense of all
the owner’s pro rata, with the exception of the owner of the ground floor; the stairs from
the first to the second story shall be preserved at the expense of all, except the owner of
the ground floor and the owner of the first story; and so, on successively.

The provision outlines the distribution of costs for maintaining stairs in multi-story
buildings. It states that all owners, except the ground floor owner, are responsible for stairs from
the entrance to the first story, and from the first story to the second story. Lower story owners
are not responsible for stairs leading to the stories above them, while upper story owners
contribute to stairs for access to living spaces.

Art. 491. None of the co-owners shall, without the consent of the others, make alterations
in the thing owned in common, even though benefits for all would result therefrom.
However, if the withholding of the consent by one or more of the co-owners is clearly
prejudicial to the common interest, the courts may afford adequate relief. (397a)

Art. 491 requires co-owners to obtain consent for alterations to shared property, even if
beneficial. If consent is refused, courts can provide remedies, protecting co-owners' rights and
ensuring decisions are made with collective interest in mind.

Art. 492. For the administration and better enjoyment of the thing owned in common, the
resolutions of the majority of the co-owners shall be binding. There shall be no majority
unless the resolution is approved by the co-owners who represent the controlling
interest in the object of the co-ownership.

Art. 492 ensures that majority decisions on shared property management are binding,
but only valid if supported by co-owners representing the controlling interest, ensuring decisions
reflect majority interests and consider significant stakeholder influence.
Should there be no majority, or should the resolution of the majority be seriously
prejudicial to those interested in the property owned in common, the court, at the
instance of an interested party, shall order such measures as it may deem proper,
including the appointment of an administrator.

Whenever a part of the thing belongs exclusively to one of the co-owners, and the
remainder is owned in common, the preceding provision shall apply only to the part
owned in common.

This section outlines the process for jointly owned property if no majority decision is
reached or if the majority's decision significantly harms interests. The court may appoint an
administrator or manage the jointly owned portion.

Art. 493. Each co-owner shall have the full ownership of his part and of the fruits and
benefits pertaining thereto, and he may therefore alienate, assign, or mortgage it, and
even substitute another person in its enjoyment, except when personal rights are
involved. But the effect of the alienation or the mortgage, with respect to the co-owners,
shall be limited to the portion which may be allotted to him in the division upon the
termination of the coownership.

Article 493 grants co-owners’ full ownership of their individual share, including benefits.
They can sell, give away, or mortgage their share without consent, but only affect their share
and not the entire property. Termination affects only the co-owner's portion.
Art. 494. No co-owner shall be obliged to remain in the coownership. Each co-owner may
demand at any time the partition of the thing owned in common, insofar as his share is
concerned. Nevertheless, an agreement to keep the thing undivided for a certain period,
not exceeding ten years, shall be valid. This term may be extended by a new agreement.
A donor or testator may prohibit partition for a period which shall not exceed twenty
years. Neither shall there be any partition when it is prohibited by law. No prescription
shall run in favor of a co-owner or co-heir against his co-owners or co-heirs so long as
he expressly or impliedly recognizes the co-ownership.

Article 494 outlines co-owners' rights in property division, allowing them to request
partition at any time. Agreements can keep property undivided for up to ten years, with new
extensions. Donors or testators can prevent partition for up to twenty years. No statute of
limitations applies if co-ownership is acknowledged.

Art. 495. Notwithstanding the provisions of the preceding article, the co-owners cannot
demand a physical division of the thing owned in common, when to do so would render it
unserviceable for the use for which it is intended. But the co-ownership may be
terminated in accordance with Article 498.

Article 495 prohibits co-owners from requesting physical division of jointly owned
property if it would render it unusable, allowing termination of co-ownership following Article 498
guidelines.

Art. 496. Partition may be made by agreement between the parties or by judicial
proceedings. Partition shall be governed by the Rules of Court insofar as they are
consistent with this Code.

Article 496 outlines partition of jointly owned property, which can be agreed upon or
legalized, following rules of court and Civil Code regulations.
Art. 497. The creditors or assignees of the co-owners may take part in the division of the
thing owned in common and object to its being affected without their concurrence. But
they cannot impugn any partition already executed, unless there has been fraud, or in
case it was made notwithstanding a formal opposition presented to prevent it, without
prejudice to the right of the debtor or assignor to maintain its validity.
Article 497 allows co-owners' creditors to participate in property divisions without
agreement but cannot challenge existing partitions unless fraud or objections were submitted,
preserving the debtor's right to uphold the validity of the partition.

Art. 498. Whenever the thing is essentially indivisible and the co-owners cannot agree
that it be allotted to one of them who shall indemnify the others, it shall be sold, and its
proceeds distributed.

Article 498 addresses indivisible jointly owned property where co-owners cannot agree
on allocation, requiring property sale and distribution of proceeds among co-owners.

Art. 499. The partition of a thing owned in common shall not prejudice third persons,
who shall retain the rights of mortgage, servitude or any other real rights belonging to
them before the division was made. Personal rights pertaining to third persons against
the co-ownership shall also remain in force, notwithstanding the partition.

Article 499 ensures that the division of jointly owned property does not affect the rights of
third parties, preserving existing mortgages, easements, and personal rights.

Art. 500. Upon partition, there shall be a mutual accounting for benefits received and
reimbursements for expenses made. Likewise, each co-owner shall pay for damages
caused by reason of his negligence or fraud.

Article 500 mandates mutual calculation of benefits, reimbursements, and liability for
damages during property partition, requiring co-owners to compensate for negligence or
fraudulent actions.
Art. 501. Every co-owner shall, after partition, be liable for defects of title and quality of
the portion assigned to each of the other co-owners.

The legal article asserts that post-property division, each co-owner is accountable for
any issues related to their ownership title or portion quality.