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Concept of An Owner Necessary Expenses Useful Expenses Luxurious or Ornamental Expenses Fruits Liability For Loss or Deterioration

This document outlines the rights and responsibilities of a possessor regarding necessary expenses, useful expenses, luxurious expenses, fruits, and liability for loss or deterioration when occupying property. It discusses the possessor's right to refund, retention, removal of improvements, ownership of fruits, and liability depending on whether the possessor acted in good or bad faith. The key points are that a possessor in good faith has rights to refund, retention or removal of improvements, while a possessor in bad faith generally has no rights and may be liable for damages or loss of property value.

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Chris Co
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79 views1 page

Concept of An Owner Necessary Expenses Useful Expenses Luxurious or Ornamental Expenses Fruits Liability For Loss or Deterioration

This document outlines the rights and responsibilities of a possessor regarding necessary expenses, useful expenses, luxurious expenses, fruits, and liability for loss or deterioration when occupying property. It discusses the possessor's right to refund, retention, removal of improvements, ownership of fruits, and liability depending on whether the possessor acted in good or bad faith. The key points are that a possessor in good faith has rights to refund, retention or removal of improvements, while a possessor in bad faith generally has no rights and may be liable for damages or loss of property value.

Uploaded by

Chris Co
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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CONCEPT

OF AN
OWNER

NECESSARY
EXPENSES
1. REFUND

I
N

2. RIGHT OF
RETENTION

3. RIGHT OF REMOVAL
PROVIDED NO
SUBSTANTIAL INJURY IS
CAUSED TO THE
PRONCIPAL THAT REDUCES
ITS VALUE UNLESS
OWNER EXERCISES THE
OPTION TO EITHER
REFUND THE EXPENSE OR
PAY THE INCREASE IN
VALUE

F
A
I
T
H

REFUND
ONLY

B
A
D
F
A
I
T
H

Jen Laygo 2D

1. RIGHT TO REIMBURSEMENT
OF EITHER THE AMOUNT
SPENT OR THE INCREASE
IN VALUE DUE TO THE
EXPENSE
2. RIGHT OF RETENTION DURING WHICH NO RENT
MAY BE REQUIRED FROM
HIM

G
O
O
D

I
N

USEFUL EXPENSES

NO RIGHT, NOT EVEN TO


MAKE REMOVAL

LUXURIOUS OR
ORNAMENTAL EXPENSES

In general, no right of refund


or retention but can
REMOVE if no substantial
injury is caused.
However, owner has
OPTION to allow:
1. POSSESSOR TO
REMOVE

2.

FRUITS

1.

GATHERED OR SEVERED OR
HARVESTED FRUITS ARE HIS
OWN

2.

PENDING OR UNGATHERED
FRUITS PRO-RATING BETWEEN
POSSESSOR AND OWNER OF
EXPENSES, NET HARVEST AND
CHARGES.

OWNER MAY
RETAIN FOR
HIMSELF THE
ORNAMENT BY
REFUNDING THE
AMOUNT SPENT

In general, no right of refund or


retention but can remove if
no substantial injury is
caused.
However, owner has option to
allow:
1. Possessor to remove
2. Owner may retain for
himself the ornament
by Refunding the Value
it has AT THE TIME
OWNER ENTERS
INTO POSSESSION.

1. GATHERED FRUITS Must return


value of fruits already received as
well as value of fruits which the
owner could HAVE received with
due care and diligence, MINUS
NECESSARY EXPENSES for
cultivation, gathering and
harvesting.
2. PENDING OR UNGATHERED
FRUITS NO RIGHTS AT ALL
because by accession, all belong to
the owner w/o need for indemnity.
Possessor in BF duty-bound to
render an accounting of fruits received
or could have been received and must
pay damages amounting to a reasonable
rent for the term of his possession.
The rule as to fruits does not apply to
a defendant in a forcible entry case
where damages are the reasonable
compensation for the use and
occupation of the premises the fair
rental value.

LIABILITY FOR LOSS


OR DETERIORATION

1.

BEFORE RECEIPT
OF JUDICIAL
SUMMONS NOT
LIABLE

2.

AFTER JUDICIAL
SUMMONS
A. FORTUITOUS
EVENT NOT
LIABLE
B. FRAUDULENT
INTENT OR
NEGLIGENCE
- LIABLE

ALWAYS LIABLE

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