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

Question

Subject: Actions to Recover Ownership and Possession of Real Property

Accion Interdictal is a legal remedy available for individuals seeking to recover ownership and possession of real property. It is a summary action that provides immediate relief and protection to the rightful owner or possessor of the property.

Given the scenario below, analyze and discuss the appropriate course of action under Accion Interdictal.

Scenario:

Mr. Santos, a registered owner of a residential lot, discovered that Mr. Gomez, his neighbor, has unlawfully erected a fence encroaching on his property. Despite numerous verbal demands to remove the fence, Mr. Gomez refuses to comply and insists that the disputed area belongs to him.

Discuss the steps that Mr. Santos can take to assert his rights and recover ownership and possession of his real property using the remedy of Accion Interdictal. Consider the requirements, procedures, and possible outcomes under Philippine laws.

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