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Public dominion properties can be sold or leased by the State.
Public dominion properties can be sold or leased by the State.
False (B)
Immovable properties intended for public use include roads and bridges.
Immovable properties intended for public use include roads and bridges.
True (A)
Public dominion properties can be acquired by prescription by municipalities.
Public dominion properties can be acquired by prescription by municipalities.
False (B)
Public dominion properties cannot be encumbered or burdened with easements.
Public dominion properties cannot be encumbered or burdened with easements.
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Only properties intended for public use are classified under public dominion.
Only properties intended for public use are classified under public dominion.
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Public dominion properties can be subject to contracts.
Public dominion properties can be subject to contracts.
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Public waters and public promenades are examples of properties for public use.
Public waters and public promenades are examples of properties for public use.
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Public dominion properties can be registered under the land registration law.
Public dominion properties can be registered under the land registration law.
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Animal houses become movable once they are detached from the land.
Animal houses become movable once they are detached from the land.
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Land, buildings, and constructions are considered personal property.
Land, buildings, and constructions are considered personal property.
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Once crops are cut or uprooted, they are considered personal property.
Once crops are cut or uprooted, they are considered personal property.
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Fertilizer that is currently used on a piece of land is classified as personal property.
Fertilizer that is currently used on a piece of land is classified as personal property.
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Trees and plants attached to the land are considered immovable property.
Trees and plants attached to the land are considered immovable property.
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Ungathered fruits and crops can be considered as personal property for legal transactions.
Ungathered fruits and crops can be considered as personal property for legal transactions.
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A personal right can exist without a specific object.
A personal right can exist without a specific object.
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Docks and floating structures are considered immovable if intended to stay fixed at a specific location.
Docks and floating structures are considered immovable if intended to stay fixed at a specific location.
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Statues and paintings placed on land by the owner are considered personal property.
Statues and paintings placed on land by the owner are considered personal property.
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Contracts for public works are not related to immovable property.
Contracts for public works are not related to immovable property.
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The extinguishment of a property right occurs by the destruction of the object it is exercised upon.
The extinguishment of a property right occurs by the destruction of the object it is exercised upon.
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Rights created by 'title' can include both corporeal and incorporeal objects.
Rights created by 'title' can include both corporeal and incorporeal objects.
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Breeding places become immovable if their owner intends them to be permanently attached to the land.
Breeding places become immovable if their owner intends them to be permanently attached to the land.
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The legal tie from property rights binds parties to an obligation.
The legal tie from property rights binds parties to an obligation.
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The sale of growing crops before harvest is regarded as a transaction of immovable property.
The sale of growing crops before harvest is regarded as a transaction of immovable property.
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The action in personam is directed against the whole world.
The action in personam is directed against the whole world.
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Machinery intended for industry on a property is classified as incorporeal property.
Machinery intended for industry on a property is classified as incorporeal property.
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An incorporeal thing is generally a corporeal object in legal terms.
An incorporeal thing is generally a corporeal object in legal terms.
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Study Notes
Property Notes
- Property is derived from the Latin word "propius", meaning belonging to one or one's own.
- Property refers to anything subject to ownership, whether corporeal (tangible) or incorporeal (intangible), and includes rights in land and personal property.
- Things can be immovable (real property) or movable (personal property).
- Immovable property includes land, buildings, trees, plants (while attached to the land), and structures permanently affixed.
- Movable property includes all things not included as immovable property.
- Property must be capable of satisfying some human need, have independent existence, and be capable of appropriation.
- Things not susceptible of appropriation are not considered property.
- Real rights are rights over a specific thing, without a specific passive subject.
- Personal rights are enforceable against a specific person concerning a thing.
- Ownership involves the rights to enjoy, use, and dispose of a thing.
- The Regalian Doctrine dictates that all lands and natural resources are owned by the State.
- Lands not clearly under private ownership are presumed to belong to the State.
- Property of public dominion is owned by the government for public use, and/or for public service or development of national wealth.
- Patrimonial property is owned by the State in its private capacity.
- Provinces, municipalities, and cities also have property of public dominion and patrimonial property.
- The owners of lands adjoining the banks of rivers, creeks, or torrents own any accretion they gradually receive.
- Islands in navigable rivers are owned by the State, unless formed gradually from the banks through accretion, in which case the riparian owners own it.
- Islands formed in non-navigable rivers belong to the owner of the adjoining banks nearest to the island. If the island is in the middle, it's divided in half lengthwise.
- Accretion is the gradual and imperceptible accumulation of soil on land adjacent to a body of water, belonging to the riparian owner.
- Avulsion is when a river suddenly changes course, and the land lost by the former course belongs to the riparian owner, if the separated land can be identified. Trees uprooted and carried away likewise belong to riparian owner if claimed within 6 months.
- Incorporation is when items of different ownership are permanently attached, the owner of the principal thing acquires the accessory.
- Mixture/confusion arises from combining two things belonging to different owners, and the rights are determined by the greater value or amount.
- Specification is transforming a thing that is of another's' ownership into another thing of different ownership.
- The owner who acted in bad faith under accession/mixture situations loses the item, with obligation to pay damages to the rightful owner.
- Eminent Domain is the power of the state to take private property for public use with payment of just compensation.
- Unlawful detainer is when one person is in possession of land beyond their contractual right, and that can be resolved within one calendar year of the dispossession.
- Forcible entry requires entry into property with force, intimidation, threat, strategy or stealth, whereas unlawful detainer involves holding property beyond the agreed-upon terms of the lease.
- Good faith is a presumed state of mind - unawareness of a defect in title/acquisition. A good faith possessor gets their expenses paid; a bad faith possessor does not.
- When actions involve property ownership, the action is in the nature of quieting of title.
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Description
Explore the fundamental concepts of property law, including definitions and classifications of property types such as real and personal property. Understand the rights associated with ownership and the distinctions between real and personal rights. This quiz will help solidify your knowledge of property as a legal concept.
