Question

Actions to Recover Ownership and Possession of Real Property: Accion Reivindicatoria

John purchased a piece of land from Peter. After years of peaceful possession, John discovered that his neighbor, Mark, has built a fence encroaching on a portion of his property. John believes that he is the rightful owner of the entire property and seeks to initiate legal action to recover ownership and possession.

1. What is the legal remedy available to John to recover ownership and possession of his real property?

2. What are the essential elements that John should establish in order to succeed in his action?

3. What is the prescriptive period for filing an accion reivindicatoria?

4. Are there any defenses that Mark can raise to defeat John's action for accion reivindicatoria?

5. Can John also claim damages in addition to the recovery of ownership and possession?