Practice question
An heir with an established equitable interest in land learns that a rival is about to assert an apparently effective but demonstrably invalid encumbrance. Must the heir wait until the cloud has actually been cast?
- Yes, preventive relief is categorically prohibited
- No, Article 476 also permits an action to prevent a cloud
- Yes, unless the heir purchases the rival's claim
- No, because equitable interests automatically defeat all valid liens
- Yes, because only legal title counts
Legal references
- Civil Code Articles 476–481: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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