Owner of plant that has climbed over wall
"My friends and I started collecting plants early last year, and I have really enjoyed taking care of them. I planted one of those that I purchased in a small patch in our grounds, which turned out to be a vine that has climbed on our wall. My parents have no problem with it because they appreciate the beauty of the plant. However, we are not sure if our next-door neighbor feels the same way. Although he does not appear to be mad, he said that if there will be more branches of the plant that will climb over his side, then, that would be his already. Is this true? Will he be the lawful owner?Allie
Dear Allie,You mentioned that you were the one who purchased the plant, and that you placed it within your own grounds to grow. Accordingly, said plant remains to be your own property. As expressly stated under the New Civil Code of the Philippines:
“Art. 440. The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially.“Art. 441. To the owner belongs:
“(1) The natural fruits“(2) The industrial fruits x x x
“Art. 442. Natural fruits are the spontaneous products of the soil, and the young and other products of animals.“Industrial fruits are those produced by lands of any kind through cultivation or labor. x x x”It bears stressing that even if the plant should climb the wall and vine to your neighbor’s property, the plant remains to be yours. Your neighbor will not become the lawful owner thereof simply because it has gone over to his side of the wall. At most, your neighbor may demand from you to cut the portion of the plant that has climbed or vined through his property, or he, himself, may cut the roots if such penetrates his property. This is clearly provided under Article 680 of the said law:“Art. 680. If the branches of any tree should extend over a neighboring estate, tenement, garden or yard, the owner of the latter shall have the right to demand that they be cut off insofar as they may spread over his property, and, if it be the roots of a neighboring tree which should penetrate into the land of another, the latter may cut them off himself within his property.”
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org"
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"Owner of plant that has climbed over wall"
was written by Mary
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comments. The article was created on 15 September 2021
and updated on 15 September 2021