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AllBar 2024CIVIL LAWIV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONSF. Possession (Civil Code, arts. 523-561)

Question

IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
F. Possession (Civil Code, arts. 523-561)

Oliver and Olivia are neighbors in a residential subdivision. Oliver has been occupying and cultivating a vacant lot beside his house for the past ten years. He has planted fruit trees and vegetables, and regularly tends to the lot. Olivia, on the other hand, owns an adjacent property but does not use it. She lives in another city and only visits the subdivision occasionally.

One day, Olivia decides to sell her property to Olivia. However, when Oliver goes to survey the land, he discovers that Olivia's lot overlaps with the vacant lot that he has been occupying. Oliver asserts his ownership and claims that he acquired the property through prescription.

Based on the given scenario and the provisions on possession under the Civil Code, answer the following questions:

  1. Is Oliver's claim of ownership through prescription valid? Explain your answer.
  2. What are the requisites for acquiring ownership through prescription under the Civil Code? Discuss each requisite.
  3. If Oliver's claim is not valid, what could be Olivia's legal recourse to resolve the dispute? Explain the applicable legal provisions.



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Bar Review Question: IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS F. Possession (Civil Code, arts. 523-561) Oliver an