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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)

You are a property law expert and have been asked to provide advice on various property ownership issues. Consider the following scenarios and answer the corresponding questions:

  1. Mr. Santos claims that he acquired ownership of a vacant lot through prescription. Discuss the elements and requirements for acquiring ownership through acquisitive prescription under Article 1134 of the Civil Code. Evaluate whether Mr. Santos' claim is valid.
  2. ABC Corporation is a registered holder of a parcel of land. Unfortunately, the title to the said land was fraudulently obtained. Discuss the remedies available to ABC Corporation under the law in case of fraudulent acquisition of ownership. Give specific provisions of the Civil Code that apply.
  3. Ms. Ramirez and Mr. Garcia, both heirs of their late father, disagree on how to manage their inherited property. Ms. Ramirez wants to sell the property, while Mr. Garcia wants to keep it for personal use. Explain the concept of co-ownership as provided under Article 484 of the Civil Code. Discuss the rights and obligations of co-owners in managing and disposing of the common property.



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