All ▸ Bar 2024 ▸ CIVIL LAW ▸ IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS ▸ G. Actions to Recover Ownership and Possession of Real Property ▸ 3. Accion Reivindicatoria

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Subject: Actions to Recover Ownership and Possession of Real Property

Batista claims ownership of a parcel of land located in Barangay Balagtas. He discovered that Carlos, his neighbor, has started constructing a fence that encroaches on a portion of his property. Batista believes that he has the legal right to recover possession of the encroached area.

Discuss the following:

What is the nature and purpose of the Accion Reivindicatoria?
What elements must Batista prove to succeed in an Accion Reivindicatoria?
What are the remedies available to Batista in order to recover possession of the encroached area?

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