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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)


Mr. Santos inherited a parcel of land from his late father. However, he discovered that another individual, Mr. Reyes, has been occupying and cultivating the land for over 10 years without permission. Mr. Santos wants to assert his ownership and take possession of the land.


Based on the Civil Code provisions on possession, discuss the following:

  1. What are the requirements of acquisitive prescription for Mr. Reyes to successfully acquire ownership of the land through adverse possession?
  2. Can Mr. Santos validly terminate Mr. Reyes' possession of the land without resorting to a judicial action?
  3. What legal remedies are available to Mr. Santos to protect his possession and ownership rights over the land against Mr. Reyes?



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