Real Estate Law

**IV. BUNDLE OF RIGHTS THEORY** This refers to the rights or attributes which are inherent in, or appurtenant to ownership, and include the rights. to possess to use, to the fruits, to dispose, and to recover **V. RESTRICTIONS OR LIMITATIONS TO BUNDLE OF RIGHTS** **1. Government or Legal**: a\....

**IV. BUNDLE OF RIGHTS THEORY** This refers to the rights or attributes which are inherent in, or appurtenant to ownership, and include the rights. to possess to use, to the fruits, to dispose, and to recover **V. RESTRICTIONS OR LIMITATIONS TO BUNDLE OF RIGHTS** **1. Government or Legal**: a\. **Zoning** - refers to use restrictions in particular areas or the delineation of allowable uses in particular areas. b\. **Subdivision Regulations** - requirements which must be complied within subdivision specifications, etc., c\. **Police Power** - the power of the state to regulate the use of the property d\. **Building Code** - regulations pertaining to specifications such as height, setbacks e\. **Eminent Domain** - the power of the State to take the private property for public use upon payment of just compensation. f\. **Escheat** - the reversion of the State to take private property for public use upon payment of just compensation. g**. Taxation** - power of the State to impose and collect tax and other charges. **2. Contractual or Voluntary:** a**. Lease Contract** - the temporary surrender of the right to possess, use and enjoy in favor of person who pays a consideration. b**. Right of Way Easement** - the right given to an owner of an adjoining land to pass or have access thru another land. c\. **Usufruct** - conveyance of the right to enjoy the fruits of the property. d. Use Restrictions in Subdivision Contract **BUNDLE OF RIGHTS** **VI. ESTATE AND REAL ESTATE** **Estate** - refers to the totality of the assets owned by a person which includes real estate and personal properties. **Real State -** refers to the land and all permanent improvements thereon. **VIII. MODES OF ACQUIRING TITLE** 1\. **Private Grant -** voluntary transfer or conveyance such as sale or transfer. 2\. **Public Grant** - acquisition of alienable public land by homestead patent, free patent, sales patent, or other government award. 3\. **Involuntary Grant** - acquisition against consent of owner, such as foreclosure or executive sale. 4\. **Inheritance** - acquisition by hereditary succession. 5\. **Reclamation** - filling of submerged land subject to government regulations and existing laws. 6\. **Accretion** - acquisition of land adjoining banks of rivers due to gradual deposit of soil. 7\. **Prescription** - acquisition of title by actual, open continuous and uninterrupted possession for a period of time under claim of title. **-** Ten (**10**) years in good faith and - Thirty (**30**) years if in bad faith. **IX. GENERAL RULE ON OWNERSHIP OF LAND** 1\. Only Filipino citizens 1\. By birth 2\. Naturalization Process 3\. Act of Congress 4\. Repatriation 5\. Dual Citizenship