Short answer. As a general rule, yes. Owning land carries with it the right to whatever the land produces and to whatever is incorporated or attached to it, whether that happened by nature or by human hand. But the rule has limits, and attachment by someone else can create rights you must settle.

What the law says

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.

Civil Code, Article 440 — Right of Accession. Read the full provision →

The rule behind the word 'accession'

Article 440 of the Civil Code states it plainly: 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. Accession is simply the legal name for that extension of ownership. It covers two different things. The first is what the land yields — fruit from the trees, a harvest, the young of animals, rent and other income the property generates. The second is what becomes joined to it: soil deposited by a river, a structure built on the lot, plants set into the ground, materials worked into an existing building. In both situations the owner of the principal thing is the starting point for who owns the addition.

Owning the addition is not the same as owning it for free

This is where most real disputes begin. Accession tells you who the owner is; it does not say the owner gets a windfall. When someone else supplied the labour, the seed, the plants or the building materials, the Civil Code generally requires the landowner to reckon with that person — by paying for what was contributed, or by requiring its removal, or by other adjustments that depend on whether each side acted in good faith or bad faith. Someone who plants or builds honestly believing the land is his is treated very differently from someone who knew it was not. So a neighbour's house standing on your lot does not simply become a free house.

What accession does not reach

The rule has boundaries. Accession does not defeat rights that already burden the property: a registered mortgage, a lease, a usufruct or a right of way stays in place, and the holder of a usufruct is generally the one entitled to the fruits while it lasts. It does not override special laws, and mineral and other natural resources are governed by the Constitution and mining legislation rather than by the ordinary law of accession. Rights over foreshore, riverbeds and public waters are likewise regulated separately. Nor does accession settle boundaries — if the dispute is really about where your lot ends, the title and a relocation survey decide it, not this article.

What to do when something appears on your land

Act early and in writing. Take dated photographs, keep your title and tax declarations together, and have a licensed geodetic engineer relocate the boundary if there is any doubt about where the structure or planting actually sits. Send a written notice to whoever put it there and keep proof it was received, because silence over a long period can complicate your position and invite arguments about tolerance or acquired rights. Do not demolish anything yourself. The remedies here — payment, removal, forced sale or lease of the ground — depend on facts a court weighs, so bring your documents to a lawyer before you take physical action.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.