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AllBar 2024CIVIL LAWIV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONSG. Actions to Recover Ownership and Possession of Real Property2. Accion Publiciana

Question

Subject: Actions to Recover Ownership and Possession of Real Property

Scenario:

John owns a vacant lot in a prime location. He recently discovered that Maria has been unlawfully occupying and claiming ownership of the said property. John wants to take legal action to recover the ownership and possession of the real property.

Question:

  1. What is Accion Publiciana, and how does it differ from Accion Reivindicatoria?
  2. Can John file an Accion Publiciana against Maria? Discuss the proper requisites and procedure for filing such action.
  3. What are the possible defenses that Maria can raise in response to the Accion Publiciana filed by John?



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