Friday, June 12, 2009

What is Bundle of Rights Theory?


The bundle of rights theory inherent to property ownership are the right to use (Jus-Utendi), the right to enjoy the fruits of (Jus-Fruendi), the right to dispose (Jus-Disponendi), the right to abuse (Jus-Abutendi), the right to recover (Jus-Vindicandi), and the right to possess (Jus-Possidendi). The rights incident to ownership are, the right:

  • to enjoy and dispose of a property without other limitations than those established by law;
  • to file action against third parties to recover ownership;
  • to use force as may be reasonably necessary to repeal or prevent an actual or threatened unlawful invasion or usurpation of his property (Art. 429, NCC, relate to Art. 312, RPC);
  • the right to enclose or fence property - walls ditches, live or dead hedges - or by any other means without detriment of servitudes constituted thereon;
  • to demand indemnity for damages caused to property;
  • the right to compensation in the event of expropriation;
  • the right to be restored to possession in case of unlawful dispossession;
  • the right to the surface and subsurface of the land, right to construct thereon any works, plantation and excavation without detriment to servitude and subject to special laws and without right to complain of the reasonable requirements of aerial navigation;
  • the right to hidden treasure;
  • the right to accession and fruits of the property;
  • the right to "quiet title" to real property or any interest therein.
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