All ▸ Bar 2024 ▸ CIVIL LAW ▸ IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS ▸ G. Actions to Recover Ownership and Possession of Real Property ▸ 1. Accion Interdictal

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Question:

Mary is the registered owner of a parcel of land in Metro Manila. One day, she discovered that a neighboring property owner, Juan, has unlawfully constructed a fence that encroaches into her property by one meter. Mary decides to take legal action to recover ownership and possession of her real property.

Assuming you are the lawyer of Mary, discuss the appropriate course of action she should take, particularly focusing on the legal remedy of Accion Interdictal. Please cite the relevant provisions of law and explain how Mary can proceed with her case.

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