Refresher Examination 4 Property

Property Exam
VI.
Don was the owner of an agricultural land with no access to a public road. He
had been passing through the land of Ernie for over 20 years. Subsequently,
Don subdivided his property into 20 residential lots and sold them to different
persons. Ernie blocked the pathway and refused to let the buyers pass through
the land.
A. Did Don acquire an easement of right of way? Explain. (5%)
B. Suppose Ernie’s land and the subdivided agricultural lands were both
owned by Don, can Don blocked the pathway and refused to let his
buyers pass through the land? (5%)
VII.
Suppose a squatter’s hut was built on A’s land. Can A abate extra-judicially the
squatter’s hut on the ground that it is a nuisance? (5%)
VIII.
Mike built a house on his lot in Pasay City. Two years later, a survey disclosed
that a portion of the building actually stood on the neighboring land of Jose, to
the extent of 40 square meters. Jose claims that Mike is a builder in bad-faith
because he should know that boundaries of his lot and demands that the
portion of the house which encroached on his land should be destroyed or
removed. Mike replies that he is a builder in good faith and offers to buy the
land and occupied the building instead.
A. If you were the lawyer of Jose, what action will you file against Mike?
(5%)
B. If you were the judge, will you consider the Mike a builder in good faith
or bad faith? (5%)
2
C. If you were the judge, will you grant Mike’s request to buy the land
occupied by the building? (5%)
IX.
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 1,000 square
meter. Ten years later, a big flood occurred in the river and transferred the
1,000 square meters to the opposite bank, beside the land of Agustin. The land
transferred in now contested by Jose and Agustin as riparian owners and by
Vicente who claims ownership by prescription. Who should prevail? (5%)
X.
Emma bought a parcel of land from Equitable-PCI Bank, which acquired the
same from Felisa, the original owner. Thereafter, Emma discovered that Felisa
had granted a right of way over the land in favor of the land of Georgina, which
had no outlet to a public highway, but the easement was not annotated when
the servient estate was registered under the Torrens system. Emma the filed a
complaint for the cancellation of the right of way on the ground that it had
been extinguished by such failure to annotate. How would you decide the
controversy? (5%)
XI.
Demetrio knew that a piece of land bordering the beach belonged to Ernesto.
However, since the latter was studying in Europe and no one was taking care of
the land, Demetrio occupied the same and constructed thereon nipa sheds with
table and benches which he rented out to people who want to have a picnic by
the each. When Ernesto returned, he demanded the return of the land.
Demetrio agreed to do so after he has removed the nipa sheds. Ernesto refused
to let Demetrio remove the nipa sheds on the ground that there already
belonged to him by right of accession. Who is correct? (5%)
XII.
Rommel was issued a certificate of title over a parcel of land in Quezon City.
One year later, Rachelle, the legitimate owner of the land, discovered the
fraudulent registration obtained by Rommel. She filed a complaint against
Rommel for re-conveyance and caused the annotation of a notice of lis pendens
on the certificate of title issued to Rommel. Rommel now invokes the
indefeasibility of his title considering that one year has already elapsed from its
issuance. Will Rachelle’s suit for re-conveyance prosper? (5%)
XIII.
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Manuel was born on 12 March 1940 in a 1 000-square meter property where

he grew up helping his father, Michael, cultivate the land. Michael has lived on
the property since the land was opened for settlement at about the time of the
Commonwealth government in 193 5, but for some reason never secured any
title to the property other than a tax declaration in his name. He has held the
property through the years in the concept of an owner and his stay was
uncontested by others. He has also conscientiously and continuously paid the
realty taxes on the land.Michael died in 2000 and Manuel - as Michael’s only
son and heir -now wants to secure and register title to the land in his own
name. He consults you for legal advice as he wants to perfect his title to the
land and secure its registration in his name. What do you have to prove to
secure Manuel's objectives and what documentation are necessary? (5%)

Refresher Examination 4 Property

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Property Exam

A. Did Don acquire an easement of right of way? Explain. (5%)

Manuel was born on 12 March 1940 in a 1 000-square meter property where

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