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AllBar 2024CIVIL LAWIV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONSG. Actions to Recover Ownership and Possession of Real Property1. Accion Interdictal

Question

Subject: Actions to Recover Ownership and Possession of Real Property

Discussing the topic of Accion Interdictal, answer the following practical questions:

  1. Mr. Cruz built a house on a property which he claimed to be the owner of. However, Ms. Santos, who is the registered owner of the property, is seeking to recover possession. What recourse is available to Ms. Santos and what are the necessary elements to establish her claim?
  2. A dispute arose between Mr. Reyes and Mr. Garcia regarding the ownership of a piece of land. Mr. Reyes believes that he is the rightful owner while Mr. Garcia claims that his right to possession is being violated. Explain the differences between accion publiciana and accion interdictal, and advise Mr. Reyes and Mr. Garcia on the proper legal action to take given their circumstances.
  3. Ms. Ramirez purchased a lot from Mr. Gomez, who had previously acquired it through a voidable contract. Ms. Gonzales, the original owner of the lot, is now demanding the return of the property. Can Ms. Gonzales file an accion interdictal to recover possession of the lot? Discuss the grounds for filing an accion interdictal and whether it is applicable in this case.



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Bar Review Question: Subject: Actions to Recover Ownership and Possession of Real Property Discussing the topic of Acci