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All ▸ Bar 2024 ▸ CIVIL LAW ▸ IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS ▸ G. Actions to Recover Ownership and Possession of Real Property ▸ 3. Accion Reivindicatoria

Question

G. Actions to Recover Ownership and Possession of Real Property - Accion Reivindicatoria

A owns a parcel of land located in City X. B, a neighboring landowner, has occupied a portion of A's land without permission for several years. A decides to file an action to recover ownership and possession of the land against B.

In the given scenario, discuss the following:

  1. What is the nature of the Accion Reivindicatoria as a real action? Explain.
  2. Identify and explain the essential elements that A needs to prove in order to succeed in his action to recover ownership and possession of the land against B.
  3. Discuss any defenses that B can raise in order to resist A's action. Provide legal basis for each defense.
  4. What is the effect of prescription in an Accion Reivindicatoria? Explain.


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