Art. 460. Trees uprooted and carried away by the current of the waters belong to the owner of the land upon which they may be cast, if the owners do not claim them within six months. If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe place. (Civil Code)


To whom shall trees uprooted and carried away by the current of the waters belong?

Trees uprooted and carried away by the current of the waters belong to their owner provided he claims them within 6 months. All that Article 460 requires is claim and not removing. Although Art.460 is silent, the owner of the tree should remove the trees within a reasonable time.


Must the owner of land which the uprooted trees have been cast be given compensation?

It depends.

1. If he has incurred expenses for preserving them, as when he gathered them in a safe place for eventual return, or when he transplants them, only for preservation purposes, he is entitled to indemnification.

2. If he has done nothing, he cannot demand indemnification, unless he has suffered in any way, and the real owner has benefited, in that, for example, they were not carried away by the current.


If the owner does not claim the uprooted trees within 6 months, to whom will they belong?

If the owner does not claim the uprooted trees within six months, they will belong to the the owner of the land upon which they may be cast.


Reference:
Edgardo L. Paras, Civil Code of the Philippines Annotated, Book II, Property