Bundle of Rights of Owner PDF

BUNDLE OF RIGHTS OF OWNER; EASEMENTS TO PROPERTY “BUNDLE OF LEGAL RIGHTS” - Carried by real property owners along with the properties that was acquired by them A titled owner has the bundle of rights that includes the rights to possess the property, control it, and to dispose of it. THESE ARE...

BUNDLE OF RIGHTS OF OWNER; EASEMENTS TO PROPERTY “BUNDLE OF LEGAL RIGHTS” - Carried by real property owners along with the properties that was acquired by them A titled owner has the bundle of rights that includes the rights to possess the property, control it, and to dispose of it. THESE ARE NOT ABSOLUTE These rights are subject to restrictions imposed by the state, by law or private persons. UNDER THE BUNDLE OF RIGHTS DOCTRINE, A TITLES REAL PROPERTY OWNER; 1. THE RIGHT OF POSSESION - Owns the property - the property is owned by whoever holds title 2. THE RIGHT OF EXLCUSION - Has the right of exclusive possession of the property - others can be excluded from using or entering the property 3. THE RIGHT OF ENJOYMENT - Has the right of exclusive enjoyment of the property - the owner can enjoy the use of the property exclusively. 4. RIGHT TO CONTROL - Has the right to recovery - in case his property is unlawfully taken or possessed by another, the owner can recover ownership and/or possession through legal action. 5. RIGHT OF DISPOSITION - Has the right to dispose - the titled owner can sell, transfer ownership, rent, or mortgage the property PRESIDENTIAL DECREE NO. 957 - implemented by the Department of Human Settlements and Urban Development [DHSUD] - regulates the right of a landowner to subdivide his property into several lots or subdivision projects for purposes of lot selling. - enacted to protect not only the buyers of residential lots but the general community and the public as well. LICENSE TO SELL - Required to sell the subdivided lot RAW LOTS (LOTE - LOTE) - Subdivided lots without license - These lots may have problematic situation at a later time SOME OF THE USUAL VIOLATIONS: THE AREA IS NOT LOCATED IN THE RESIDENTIAL ZONE - oftentimes it is an agricultural area where the land is vast and thus, plenty of subdivided lots usually at 100 sqm to 150 sqm meters THE AREA IS NOT SUITABLE FOR HOUSING - there are instances that the raw lots are located inside a hazard prone and protected area, and sometimes in a critical area that are subject to flooding, landslides, and unstable soil THE AREA IS NOT ACCESSIBLE TO PUBLIC TRANSPORTATION OR NO RIGHT OF WAY LACK OF DRAINAGE SYSTEM - would cause flood in the area during a heavy rain downpour. LACK OF GARBAGE DISPOSAL SYSTEM; etc LIMITATIONS LIMITATIONS IMPOSED BY PRIVATE PERSONS An example is a Homeowner’s Deed of Restrictions. Before buying a Condominium Unit or a real property in a gated subdivision imposed by the homeowner’s association. It is important that you should check on the Deed of Restrictions. LIMITATIONS IMPOSED BY LAW or ORDINANCES - part of the exercise of police power - ultimate purpose of the regulations on your property rights is for the promotion and/or protection of the general welfare ZONING ORDINANCES - enacted by a Local Government Unit (LGU) - prescribes the areas for industrial purposes, commercial purposes, agricultural and residential purposes EX; you cannot put up a factory on an area zoned as residential PRESIDENTIAL DECREE NO. 1096 - NATIONAL BUILDING CODE - Requirement of BUILDING PERMIT before constructing a structure on your property LIMITATIONS IMPOSED BY THE STATE (The Inherent Powers of the State) 1. POLICE POWER - The first inherent power of the state - This is a power vested with Congress to enact laws to promote the health, morals, education, good order or safety and the general welfare of the people. - is the plenary power vested in the legislature to make, ordain, and establish wholesome and reasonable laws, statutes and ordinances, not repugnant to the Constitution, for the good and welfare of the people SALUS POPULI EST SUPREMA LEX - the welfare of the people is THE SUPREME LAW - a LAW enacted by Congress that restricts any property rights only means that the said law was created to benefit the welfare of all the people and not to benefit only one or a few By virtue of a valid delegation, the power may be exercised by the President and administrative boards as well as by the lawmaking bodies of municipal corporations or local governments under an express delegation by the LOCAL GOVERNMENT CODE OF 1991. - Example is the PD NO. 957 2. POWER OF EMINENT DOMAIN - The second inherent power of the state - The taking of private property by the government for public use and the payment by just compensation to the affected property owner. (ex; road widening) 3. POWER OF TAXATION - The third inherent power of the state - , for the use of your property, you pay real property taxes, for every sale, you pay capital gain tax, for every donation, you pay donor’s tax, for every transfer through succession, you pay estate tax and so, on TAX - Lifeblood of the government EASEMENT (EASEMENT AGREEMENT) - a real estate concept that defines a scenario in which one party uses the property of another party, where a fee is paid or signed an agreement with the owner of the property in return for the right of easement - an restrict the full use and enjoyment of a property, as they grant specific rights to other individuals - an essential aspect of Philippine real estate law, providing rights and protections to property owners and tenants There are several types of easements recognized in Philippine real estate law: RIGHT-OF-WAY - This easement allows a property owner or tenant to pass through another person’s land to access their property. LIGHT AND AIR - This easement protects the right to receive light and air from neighboring properties. DRAINAGE - This easement allows water to flow through another person’s land to prevent flooding. SUPPORT - This easement ensures that a property has adequate support from neighboring properties to prevent collapses. 1. RIGHT OF WAY (SERVITUDE) - also referred to as an easement of way - a legal right granted to allow passage through another person's property - CIVIL CODE OF THE PHILIPPINES ARTICLE 649 TO 657 LEGAL EASEMENT - a right of way is created when a property is landlocked, meaning the property has no adequate access to public roads or other routes wherein the owner of the landlocked property may demand a right of way from neighboring properties, provided certain conditions are met - law imposes specific restrictions on how and when this easement can be exercised RELEVANT CIVIL CODES PROVISIONS: ARTICLE 649 - allows an owner of an enclosed estate with no adequate outlet to a public highway to demand a right of way through neighboring properties - this right must follow the shortest and least prejudicial route ARTICLE 654 - provides that the width of the right of way should be sufficient for the needs of the dominant estate, or the property demanding access NOTE: The right of way is strictly for access purposes. The right must be limited to what is necessary. It should be the least damaging to the property providing the right of way. 2. EXPANSION OF THE RIGHT OF WAY: LEGAL LIMITS AND CONSIDERATION GIVEN SITUATION: The neighboring property owner has already been granted a right of way, but they are now requesting an expansion of that right to construct a canal for the discharge of chlorinated water. To assess the legality of this request, we must consider several key legal principles under Philippine law: I. PRINCIPLE OF NECESSITY - the right of way granted to a neighboring landowner is BASED ON NECESSITY, NOT CONVINIENCE - the expansion of the right of way cannot be justified merely on the grounds that the neighbor plans to build a resort or infrastructure that requires additional space - ONLY IF THE PLACE RENDERS INACCESSIBLE, OR IF THE CURRENT RIGHT OF WAY IS INSUFFICIENT FOR BASIC NEEDS - the construction of a canal to carry chlorinated water is a convenience associated with their business plans, not a legal necessity for accessIi. ARTICLE 649 - its use must be restricted to the purpose for which it was originally granted - In this case, if the right of way was initially granted for passage or access to the property - cannot be expanded to serve other purposes such as carrying utilities - right of way cannot be altered without the express consent of the property owner providing the easement Iii. PROHIBITION ON UNILATERAL EXPANSION ARTICLE 652 OF THE CIVIL CODE - stipulates that the width of the right of way should be determined based on the needs of the dominant estate at the time the easement was granted - Any expansion beyond this is subject to negotiation between the two parties - the owner of the SERVIENT ESTATE (the property providing the right of way) cannot be forced to agree to an expansion unless it is absolutely necessary 3. CANALS AND OTHER INFRASTRUCTURE: A SEPARATE CONSIDERATION In addition to the right of way itself, the neighboring property owner is requesting space for a canal to discharge chlorinated water. This raises distinct legal concerns beyond the mere expansion of the right of way. I. WATERWAYS AND PUBLIC HEALTH CONSIDERATIONS The creation of a canal to dispose of chlorinated water must comply with environmental and public health regulations. REPUBLIC ACT NO. 9275 - THE PHILIPPINE CLEAN WATER ACT - governs water quality management and the regulation of water pollutants - It would be important to ascertain whether the discharge of chlorinated water complies with the Act’s provisions, as well as any relevant local ordinances - property owners are prohibited from disposing of waste or pollutants in a manner that adversely affects neighboring properties - Should the canal pose a risk to your property, you may have additional legal grounds to object to its construction Ii. ARTICLE 670 OF THE CIVIL CODE: RIGHT TO DEFEND PROPERTY FROM POLLUTION - provides that property owners have the right to prevent any unlawful intrusion of water from neighboring lands, especially when such water may cause harm to their propertY 4. PRACTICAL AND LEGAL RECOURSE OF THE PROPERTY OWNER - you have a strong basis to reject the neighboring landowner’s request to expand the right of way and construct a canal for chlorinated water discharge. Below are the steps you may consider taking: I. NEGOTIATE OR MEDIATE THE ISSUE - Mediation through barangay conciliation, as mandated by Presidential Decree No. 1508, is often required before filing a formal legal case. Ii. SEEK LEGAL INJUNCTION If the neighboring property owner proceeds with plans to expand the right of way or construct the canal without your consent, you may seek an injunction from the courts to halt any construction activities. INJUNCTION - a legal remedy that can temporarily or permanently prevent someone from carrying out activities that infringe on your property rights Iii. FILE CASE FOR DAMAGES Should the construction of the canal or the expansion of the right of way result in harm to your property, such as pollution or a reduction in land value, you may file a civil case for damages under Article 19 of the Civil Code, which states that every person must act with justice, give everyone their due, and observe honesty and good faith. Iv. CONCLUSION; PROTECTING YOUR PROPERTY RIGHTS In conclusion, Philippine law offers strong protection for property owners in situations where their rights are threatened by the expansion of an existing right of way. You have no legal obligation to agree to an expansion unless it is based on necessity and is properly negotiated. Furthermore, the construction of a canal for the discharge of chlorinated water may raise additional environmental and health concerns that further justify your refusal. By understanding your legal rights and the limitations imposed on the neighboring property owner, you can take the appropriate steps to safeguard your property from any unjust encroachments. Consulting a lawyer to assist in negotiations, mediation, or legal action will help ensure that your rights are fully protected.