Question

Subject: Actions to Recover Ownership and Possession of Real Property

Topic: Accion Publiciana

You are a lawyer representing Client A, who claims ownership and possession of a piece of land. Client A discovered that Client B, a neighboring landowner, has constructed a building that partially encroaches on Client A's property. Client A wants to take legal action to recover ownership and possession of the land.

Given this scenario, discuss the following:

1. What is the nature and purpose of Accion Publiciana as a legal remedy for recovering ownership and possession of real property?
2. What are the essential elements that Client A needs to establish in order to succeed in an Accion Publiciana case?
3. Explain the procedure and necessary legal steps that Client A must undertake in filing and pursuing an Accion Publiciana case in court.
4. Discuss the possible defenses or arguments that Client B may raise in opposing Client A's Accion Publiciana case.