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AllBar 2024CIVIL LAWIV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONSD. Quieting of Title (Civil Code, arts. 476-481)

Question

Review Question IV: Property, Ownership, and Its Modifications - Quieting of Title (Civil Code, arts. 476-481)

1. Juan has been occupying a parcel of land for more than 30 years, asserting ownership over it. He recently discovered that another person, Pedro, also claims ownership of the same land. Juan decides to file a case to quiet his title to the land. Discuss the essential elements and procedure for the action of quieting of title under Articles 476-481 of the Civil Code.

2. Maria inherited a residential property from her parents. She lived in the property for several years until she got married and moved to a different house. Maria never transferred the title to her name, and the property remains registered under her parents' names. After many years, Maria found out that a stranger named Andrea has been occupying and claiming ownership of the property. Explain whether Maria can use the action of quieting of title to assert her ownership and discuss the possible remedies she can seek under the law.

3. Roberto bought a piece of land from Miguel. They executed a deed of sale, and Roberto promptly registered the sale with the Register of Deeds. Later, Roberto discovered that the land is still covered by a previous mortgage executed by Miguel. The mortgage was not annotated on the title at the time of the sale. Roberto wants to remedy the situation and ensure that his ownership of the land is protected. Advise Roberto on the legal actions available to him under the principle of quieting of title.




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Bar Review Question: Review Question IV: Property, Ownership, and Its Modifications - Quieting of Title (Civil Code, art