Practice question
A claimant proves a qualifying deprivation of an undivided half-interest while retaining the other half. Respondents argue the retained interest categorically bars any Fund claim because the parcel was not wholly lost. All other95 requirements are met. Which is correct?
- Loss of the identified estate or interest can qualify; retained ownership elsewhere is not itself a categorical bar
- The claimant must surrender the remaining half first
- Only total loss of every property qualifies
- An undivided interest cannot be a legal interest
- The Fund automatically acquires the remaining half
Legal references
- PD1529 Property Registration Decree: https://lawphil.net/statutes/presdecs/pd1978/pd_1529_1978.html Sections95 and97.
- Register of Deeds v Anglo GR171804 August5,2015 MAIN: https://lawphil.net/judjuris/juri2015/aug2015/gr_171804_2015.html MAIN qualifying loss and strict conditions.
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