INSTANCES WHEN OWNER OF LAND DOES NOT OWN THE FRUITS PRODUCED BY HIS PROPERTY

Read also: OWNER’S RIGHT TO THE FRUITS PRODUCED BY HIS PROPERTY

• Possessor in good faith is entitled to the fruits received by him before his possession is legally interrupted.

• The usufructuary is entitled to the natural, industrial, and civil fruits that will accrue during the existence of the usufruct.

• The lessee and the antichretic creditor are entitled to the fruits of the land.

The owner of the land has the right to the fruits produced by his property. This includes natural, industrial and civil fruits. However, this is not an absolute rule.

New Civil Code provides that:

ARTICLE 441. To the owner belongs:

(1) The natural fruits;

(2) The industrial fruits;

(3) The civil fruits.

However, in the following cases, it is not the owner who owns the fruits, but somebody else:

1. possessor in good faith of the land;

According to Article 544 of the New Civil Code, a possessor in good faith is entitled to the fruits received by him before his possession is legally interrupted.         

2. usufructuary;

Usufruct is a real right, of a temporary character, which authorizes the holder to enjoy all the utilities which result from the normal exploitation of the property of another in accordance with its destination and which imposes the obligation of restoring at the time specified either the thing itself or in special cases its equivalent.[1] The holder of the usufruct is known as the “usufructuary.”

Under the Civil Code, Usufruct gives a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides.

The usufructuary is entitled to the natural, industrial,and civil fruits that will accrue during the existence of theusufruct.

3. lessee gets the fruits of the land; and

4. the antichretic creditor

By the contract of antichresis the creditor acquires the right to receive the fruits of an immovable of his debtor, with the obligation to apply them to the payment of the interest, if owing, and thereafter to the principal of his credit.

Antichresis normally covers all the fruits of the encumbered property, but the law gives the parties the freedom to stipulate otherwise.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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