Text of the provision
Art. 571. The usufructuary shall have the right to enjoy any increase which the thing in usufruct may acquire through accession, the servitudes established in its favor, and, in general, all the benefits inherent therein.
(479)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The usufructuary is entitled to any increase the thing acquires through accession, the servitudes established in its favour, and in general all benefits inherent in it.
"Accession" refers to whatever a thing acquires as an increase or addition — for example, soil gradually deposited along a riverbank bordering the property in usufruct, or a servitude later established in the property's favor over a neighboring estate. Because the usufructuary's right is to enjoy the thing as it stands, the law extends that enjoyment automatically to such increases and benefits without requiring any separate act by the owner granting them; the usufructuary simply receives what the property itself has gained during the usufruct.
Questions about this provision
- If land under usufruct has an easement in its favor, does the usufructuary get to enjoy that easement too?
- If property under usufruct acquires a new addition or improvement through accession, does the usufructuary benefit from it?
Related provisions
- Article 570 — Usufruct Over a Rent or Pension.
- Article 572 — The Usufructuary May Lease or Transfer.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.