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AllBar 2024CIVIL LAWIV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONSB. Ownership (Civil Code, arts. 427-439)

Question

IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS - B. Ownership (Civil Code, arts. 427-439)

1. Maria, a resident of Metro Manila, inherited a residential property from her late grandmother. The property is registered under her name. However, due to financial difficulties, Maria decided to lease the property to Juan for a period of one year. During the lease term, Juan made significant improvements and renovations to the property, adding value to it. After the lease ended, Juan vacated the property, but Maria refused to reimburse him for the expenses he incurred in renovating the property. Juan argues that he should be compensated for the improvements he made.

Discuss the rights and obligations of Maria and Juan, particularly with regard to the improvements made on the property during the lease period. Cite applicable provisions of the Civil Code.

2. Carlos and Sofia are siblings who have inherited a parcel of agricultural land from their parents. Carlos, being an agriculturist, worked diligently on the land, cultivating it and making it highly productive. He invested a significant amount of money in the purchase of agricultural equipment and the installation of irrigation systems. Sofia, on the other hand, did not contribute to the cultivation and improvement of the land. Eventually, Sofia decided to sell her share of the property to a third party without Carlos's knowledge.

Discuss the rights and remedies available to Carlos in relation to Sofia's sale of her share of the property. Cite relevant provisions of the Civil Code.

3. Ana and Ben are co-owners of a commercial building. They agreed that Ana will have exclusive use of the ground floor for her restaurant business, while Ben will have exclusive use of the second floor for his office. However, Ana's restaurant business failed, and she was forced to close down. Ana now wants to rent out the ground floor to a third party, while Ben insists that he should have the opportunity to occupy the entire building for his own business.

Discuss the rights and obligations of Ana and Ben as co-owners of the commercial building. Cite pertinent provisions of the Civil Code.




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Bar Review Question: IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS - B. Ownership (Civil Code, arts. 427-439) 1. Maria