Ownership of a real property

Dear PAO,

About a year ago, I bought a parcel of agricultural land in our province. I was able to transfer the title to my name after complying with the legal requirements. Recently, I received an invitation from the barangay because a certain person demanded payment for the trees that he allegedly planted in the lot that I had bought. He asserted that almost all fruit-bearing trees on the property were planted by him and that he incurred expenses in the rearing of those trees. When I asked the seller as to the standing or identity of the said person, I was advised by the previous owner that the said man indeed planted those trees, but without his consent. No agreement was executed between the previous owner and him as to the trees in the area, and the fruits produced by the trees were retained by the said man. Next week will be our next meeting in the barangay, and I am not OK with his demand that I pay for the price of the trees as well as the expenses he incurred in tending the trees. Did that man have the right to demand such a payment?

Gelo

Dear Gelo,

It is of no question that you are the new owner of the property subject of this controversy, as you already bought it from the previous owner and were able to secure a transfer certificate of title under your name. Being the lawful owner of the property, you are the owner of all things produced, attached, or incorporated thereby. Articles 445 and 449 of the New Civil Code provide:

«Article 445. Whatever is built, planted or sown on the land of another and the improvements or repairs made thereon, belong to the owner of the land, subject to the provisions of the following articles. xxx

»Article 449. He who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without right to indemnity."

Following the principle of right of accession, in the absence of a provision in your contract of sale to the contrary, you acquired ownership not only of the land itself but of all plants and trees thereon.

Moreover, the person demanding payment for the trees is not the previous owner of the property, he planted those trees in bad faith by doing so without the consent of the previous owner.