SCHOOL OF LAW
GROUP ASSIGNMENT OF PROPERTY LAW
NAME ID No
1. BOKO MIESA ROBA…………………………………………. UGR/78771/17
2. BONTU TESFAYE NEDESA………………………………… UGR/78774/17
3. CHALA NUGUSA TERFA ………………..…………………..UGR/76568/17
4. DAWIT KASU NIGUSE ……………………………………….UGR/78455/17
5. DEREJE ABERA MOHA ………………………………………UGR/78843/17
Submitted to: Mr. ARGANO T.
May, 2026
Ambo Ethiopia
Question no. 1: Case between [Link] and mr. Guutuu
A. Identify the status of Eucalyptus trees in this case.
➢ Under the Ethiopian Civil Code, the Eucalyptus trees are movables by anticipation.
➢ As per Art. 1133(2) , trees and crops are considered movables by anticipation if they are
subjected to future removal from the land.
➢ Hence in this case, The contract between Mr. Yaadasaa and Mr. Guutuu (Jan 1, 2026)
specified the trees were to be removed within three to four months. This creates a legal
anticipation of severance, changing their status from intrinsic elements of the land to
movable property.
➢ Therefore by final answer : Eucalyptus tree is considered as movable property by
anticipation and not intrinsic part of land.
B. Which party is going to get property right over these trees?
➢ Mr. Guutuu will get the property right over the trees.
➢ Since the trees became movables by anticipation under Art. 1133(2), they are no longer
considered intrinsic to the land (Art. 1132).
➢ Mr. Yaadasaa retained ownership of the trees as separate movables even after selling the
land to Mr. Mulu on Feb 1, 2026. Mr. Mulu purchased the land, but the trees had already
been legally separated in anticipation of removal.
➢ So, by final answer; mr. Guutuu will get the property right over these trees.
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Question no. 2. Is thee a possibility for a holder to become a possessor under Ethiopian law of
possession?
➢ Yes, there is a possibility for a holder to become a possessor.
➢ As a General Rule (Art. 1141 & 1147(1)): A person controlling a thing on behalf of another
(holder/detentor) is not a possessor.
➢ Exception: A holder can become a possessor by changing the nature of his possession (Art.
1146). This is known as curing precarious possession.
➢ If a holder for example: a lessee, borrower, or bailee starts acting against the owner's
interest and denying the owner's title or exercising ownership rights with the intent to own
the thing (animus domini), the law may recognize them as a possessor after a certain period
or through open acts.
➢ In addition to this there are some provisions that recognizes a person controlling a thing for
purposes other than ownership, as a possessor.
➢ Art. 1154-1156, 1161- 1166, 1311, 1341, 2709, 2830, 2898, 2914 of the cc
➢ Therefore, By final answer : it is yes
3. Is adverse possession still valid for land under Ethiopian law?
➢ No, adverse possession known as usucaption or acquisitive prescription is not valid for land.
➢ Under the 1960 Civil Code (Art. 1168-1169), Usucaption applies only to corporeal
immovable things.
➢ But by Current Constitutional Reality ,Art. 40(3) of FDRE Constitution and land
proclamations, Land is the common property of the Nations, Nationalities, and Peoples of
Ethiopia and shall not be subjected to private ownership.
➢ Since land cannot be privately owned and common property of of government and people,
the concept of acquiring ownership of land through prolonged possession or adverse
possession is impossible. The most a person can have is a right to use land. Usucaption
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under the Civil Code now effectively applies only to buildings which can be privately owned,
not the land itself.
4. 1960’s Ethiopian civil code didn’t incorporate the legal regime for modern intangible assets
such as digital assets, crypto-currency and other sophisticated intellectual property rights. How
rights on these assets can be exercised and transferred under current Ethiopian property law?
➢ While the 1960 Civil Code does not explicitly mention digital assets, there is gap law and
our laws are developing . hence these rights can be fitted into the existing framework as
follows:
➢ Classification as Incorporeal Things: Under Art. 1128-1129, property includes things with
no physical existence but which are susceptible of appropriation and have economic value.
Digital assets and crypto-currencies fall under this category as incorporeal movables.
➢ Exercise of Rights: Rights are exercised as real rights (in rem) enforceable against the whole
world. The holder uses private keys (for crypto) or access controls to exercise the bundle of
rights (use, exclude others, enjoy fruits).
➢ Transfer of Rights: Transfer is governed by Art. 1186 & 1187 (for movables) and the law of
obligations (contracts).
➢ Since these are incorporeal movables, possession is key. For crypto, possession of the
private key is the equivalent of "physical control" (corpus). Transfer occurs by delivering
control of the private key or through a smart contract.
➢ Under Art. 1161, bona fide acquisition could apply: if someone buys crypto in good faith
from a non-owner, they may acquire title, just like with ordinary chattels.
➢ Intellectual Property: Copyright (Art. 1647-1674) protects literary and artistic ownership,
which can apply to software and digital creations. Other sophisticated IP rights such as
patents, trademarks and etc are governed by separate IP proclamations, not the Civil Code.