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Property Test 2020 2
Property Test 2020 2
Property Test 2020 2
A. Occupation v. possession.
3. Co-ownership
Fe, Esperanza, and Caridad inherited from their parents a 500 sq.
m. lot which they leased to Maria for three (3) years. One year after,
Fe, claiming to have the authority to represent her siblings Esperanza
and Caridad, offered to sell the leased property to Maria that the latter
accepted. The sale was not reduced into writing, but Maria started to
make partial payments to Fe, which the latter received and
acknowledged.
After giving the full payment, Maria demanded for the execution of a
deed of absolute sale which Esperanza and Caridad refused to do.
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Worst, Maria learned that the siblings sold the same property to
Manuel. This compelled Maria to file a complaint for the annulment of
the sale with specific performance and damages. If you are the judge,
how will you decide the case?
4. Accretion; alluvion
For many years, the Rio Grande river deposited soil along its
bank, beside the titled land of Jose. In time, such deposit reached an
area of one thousand square meters. With the permission of Jose,
Vicente cultivated the said area. Ten years later, a big flood occurred
in the river and transferred the 1000 square meters to the opposite
bank, beside the land of Agustin.
5. Accretion; alluvion
a) Who has the better right over the 200 sq. m. area that was
added to Mario’s registered land, Mario or Andres?
b) May a third person acquire the said 200 sq, m, land by
prescription?
7. Defense of property
9, Co-ownership
Give reasons for your answers.
(a) Because of confusion as to the boundaries of the adjoining lots
that they bought from the same subdivision company, X constructed
a house on the adjoining lot of Y in the honest belief that it is the land
that he bought from the subdivision company. What are the
respective rights of X and Y with respect to X’s house?
Don was the owner of an agricultural land with no access to a public
road. He had been passing through the land of Ernie with the latter’s
acquiescence for over 20 years. Subsequently, Don subdivided his
property into 20 lots and sold them to different persons. Ernie blocked
the pathway and refused to let the buyers pass through his land.
a) Did Don acquire an easement of right of way? Explain.
Distinguish between:
1. Continuous and discontinuous easements;
3. Positive and negative easements.
Tim came into possession of an old map showing where a purported
cache of gold bullion was hidden. Without any authority from the
government Tim conducted a relentless search and finally found the
treasure buried in a new river bed formerly part of a parcel of land
owned by spouses Tirso and Tessie. The old river which used to cut
through the land of spouses Ursula and Urbito changed its course
through natural causes.
To whom shall the treasure belong? Explain.