Short answer. Yes. Article 460 of the Civil Code gives you the right to reclaim your uprooted trees within six months, but the price of that right is reimbursing the landowner for any expenses incurred in gathering or placing them in a safe location.
What the law says
If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe place.
Civil Code, Article 460 — Uprooted Trees. Read the full provision →
What the rule says about flood-carried trees
Article 460 of the Civil Code deals with the specific situation where trees are uprooted and carried by floodwaters onto another person's land. The rule has two parts. If the original owner does nothing within six months, the trees become the property of whoever owns the land they landed on. But if the owner claims the trees within that window, they keep the trees — on one condition: they must pay the expenses the landowner incurred in gathering the trees or putting them in a safe place.
Why the landowner is entitled to reimbursement
The landowner who gathered and stored the trees did work that preserved the value of property that was not theirs. When the original owner reclaims the trees, they are receiving the benefit of that labor. The Civil Code treats this as a form of necessary expense that the recovering owner must shoulder. Without this rule, landowners would have no incentive to care for trees that washed up on their land — and owners of uprooted trees would benefit from another person's effort at no cost.
Claiming within six months and what happens after
The six-month window is firm. Article 460 says the trees belong to the landowner if the original owners do not claim them within six months. Once that period expires without a claim, ownership passes and the original owner cannot recover the trees. If you are in this situation — your trees were swept away and ended up on another person's property — acting within that six-month period is essential. Wait too long and you lose the trees along with the claim to compensation the timber or lumber might represent.
Resolving disputes about the expenses
The article does not cap or specify what expenses are reimbursable — it refers to what was incurred in gathering or putting the trees in a safe place. If you and the landowner disagree on the amount, or if the landowner is demanding more than you think is reasonable, the dispute is a factual one: what did the landowner actually spend, and was it necessary? Documentation from the landowner — receipts, records of labor — is relevant. If the parties cannot agree, the matter can be brought to court. A lawyer can help you assess whether a claimed amount is reasonable and how to proceed.
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.
- The Heirs of Alfredo Cullado, namely: Lolita Cullado, et al. vs. Dominic V. Gutierrez, G.R. No. 212938, July 30, 2019 — read the decision on LawPhil →