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AllBar 2024CIVIL LAWIV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONSG. Actions to Recover Ownership and Possession of Real Property3. Accion Reivindicatoria

Question

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

Maura owns a piece of land in the province of Cebu. She has been in possession and control of the land for more than 10 years, cultivating it and paying the necessary taxes. She recently discovered that her neighbor, Federico, has encroached upon a portion of her land and erected a fence around it, claiming it as his own. Maura decides to take legal action to recover ownership and possession of her land.

Based on the given scenario, answer the following questions:

  1. What is the nature of the action that Maura can file against Federico? Explain the concept of accion reivindicatoria.
  2. What are the essential elements that Maura needs to prove in order to succeed in an accion reivindicatoria case? Cite relevant laws and jurisprudence.
  3. What remedies are available to Maura if the court declares her as the rightful owner of the land? Discuss at least two possible remedies.



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Bar Review Question: G. Actions to Recover Ownership and Possession of Real Property: Accion Reivindicatoria Maura owns