PROPERTY TEST

1. Distinguish the following concepts:

A. Occupation v. possession.

B. Illegal and impossible conditions in a simple donation v.

illegal and impossible conditions in an onerous donation.

2. Movable and immovable property

Manila Petroleum Co. owned and operated a petroleum

operation facility off the coast of Manila. The facility was located on a
floating platform made of wood and metal, upon which was
permanently attached the heavy equipment for the petroleum
operations and living quarters of the crew. The floating platform
likewise contained a garden area, where trees, plants and flowers
were planted. The platform was tethered to a ship, the MV 101, which
was anchored to the seabed.

A. Is the platform movable or immovable property?

B. Are the equipment and living quarters movable or immovable

property?.

C. Are the trees, plants and flowers immovable or movable

property?

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.

The land transferred is now contested by Jose and Agustin as

riparian owners and by Vicente who claims ownership by prescription.
Who should prevail?.

5. Accretion; alluvion

Andres is a riparian owner of a parcel of registered land. His land,

however, has gradually diminished in area due to the current of the
river, while the registered land of Mario on the opposite bank has
gradually increased in area by 200 square meters.

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?

6. An easement that can be acquired by prescription:

(A) Right of way
(B) Watering of an animal
(C) Lateral and subjacent support
(D) Light and view
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7. Defense of property

Spouses Magtanggol managed and operated a gasoline station

on a 1,000 sq.m. lot which they leased from Francisco Bigla-awa. The
contract was for a period of three (3) years. When the contract
expired, Francisco asked the spouses to peacefully vacate the
premises. The spouses ignored the demand and continued with the
operation of the gasoline station. One month after, Francisco, with the
aid of a group of armed men, caused the closure of the gasoline
station by constructing fences around it.

Was the act of Francisco and his men lawful? Why?

9, Co-ownership

X, Y, and Z are siblings who inherited a 10-storey building from

their parents. They agreed in writing to maintain it as a co-owned
property for leasing out and to divide the net profits among
themselves equally for a period of 20 years. On the 8th year, X
wanted to get out of the co-ownership so he could get his 1/3 share in
the property. Y and Z refused, saying X is bound by their agreement
to keep the co-ownership for twenty (20) years.

Are Y and Z correct? Explain.

10. Builder in Good Faith

A owns a parcel of residential land worth P500,000.00 unknown to

A, a residential house costing P 100,000.00 is built on the entire
parcel by B who claims ownership of the land. Answer all the
following questions based on the premise that B is a builder in good
faith and A is a landowner in good faith.

a) May A acquire the house built by B? If so, how?

b) If the land increased in value tp P500,000 by reason of the
building of the house thereon, what amount should be paid
by A in order to acquire the house from B?
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c) Assuming the cost of the house was P90,000 and not

P100,000, may A require B to buy the land?
d) If B voluntarily buys the land as desired by A, under what
circumstances may A nevertheless be entitled to have the
house removed?
e) In what situation may a forced lease arise between A and B,
and what terms and conditions would govern the lease?

Give reasons for your answers.

11. Good Faith vs. Bad Faith (1999)

(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?

(b)  Suppose X was in good faith but Y knew that X was

constructing on his (Y’s) land but simply kept quiet about it, thinking
perhaps that he could get X’s house later. What are the respective
rights of the parties over X’s house in this case?

12. Easement: Effects; Discontinuous Easements;

Permissive Use

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. 

b) May Ernie close the pathway on his land?

c) What are the rights of the lot buyers, if any? Explain.

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13. Easements; Classification 

Distinguish between:

1.     Continuous and discontinuous easements;

2.     Apparent and non-apparent easements; and

3.     Positive and negative easements.

14, Easements; Right of Way

The coconut farm of Federico is surrounded by the lands of Romulo.

Federico seeks a right of way through a portion of the land of Romulo
to bring his coconut products to the market. He has chosen a point
where he will pass through a housing project of Romulo. The latter
wants him to pass another way which is one kilometer longer. Who
should prevail?

15. Hidden Treasure

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.