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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)

Scenario:

Tom and Jerry are neighbors who have been feuding over a small piece of land located between their respective properties. The disputed land measures 100 square meters and has been left undeveloped for many years. Tom, believing that he has a better claim to the land, decides to take possession of it by fencing it off and placing a "No Trespassing" sign. Jerry, upon seeing what Tom has done, immediately confronts him and demands that he removes the fence and sign, arguing that he has a superior claim to the land. Tom refuses to do so, stating that he has now acquired possession of the land in accordance with the law.

Question:

  1. Based on the facts presented, discuss the concept of possession and the requirements for acquiring possession under the Civil Code. Are Tom's actions sufficient to establish possession?
  2. Assuming possession is acquired by Tom, discuss the legal remedies available to Jerry to assert his claim over the disputed land.



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