Question

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

Jose owns a vacant lot in a residential subdivision. He discovered that his neighbor, Juan, has built a fence that encroaches on his property. Jose, asserting his rights as the rightful owner, wants to file an Accion Reivindicatoria to recover his ownership and possession of the encroached portion. Analyze the following scenarios and determine the appropriate legal action:

1. Scenario 1:

   Jose purchased the vacant lot from Inigo, who claimed to be the registered owner. However, the title of Inigo was later declared null and void by the court due to fraud. Can Jose file an Accion Reivindicatoria against Juan?

2. Scenario 2:

   Jose inherited the vacant lot from his deceased father. The title was transferred to his name through a probate process. Can Jose file an Accion Reivindicatoria against Juan?

3. Scenario 3:

   Jose leased the vacant lot to Juan for a period of 10 years. After the lease contract expired, Juan refused to vacate the premises. Can Jose file an Accion Reivindicatoria against Juan?