Atty. Ricardo Ribo AUSL Property Final Exam

POSSIBLE FINAL EXAMINATION QUESTIONS PROPERTY ATTY. RIBO (THIS IS BASED FROM MY RETENTION OF THE QUESTIONS AND NOT THE ACTUAL QUESTIONS. ) 1. In 1990, Mr. Navarro purchased a lot and constructed a house with big windows with a 3m distance from the party wall and has a view over Ms. Delsy’s adjoining lot. In 2004, Mr. Navarro made a hole on the party wall. In 2011, Ms. Delsy covered the hole in the party wall and constructed a building. Mr. Navarro claims easement right against Ms. Delsy. (10 pts) a) Does Ms. Delsy violate the right of easement of Mr. Navarro, when she covered the hole of party wall? b) Does Mr. Navarro has acquired easement through prescription to prevent Ms. Delsy to construct the building? 2. The lot of informal settlers are adjoining with lot of Catherine, where the latter purchased it in 2000. A pathway is encroaching on Catherine’s property as the only entrance for the informal settler. In 2010, Catherine then decided to close the pathway and offered a new pathway for the informal settlers. Informal settlers argues that they have acquired the right of easement over that pathway. Catherine claims that there is bad faith on the part of the informal settlers. (10 pts) a) Is the claim of the informal settlers tenable? b) Is Catherine’s claim tenable? 3. Antonio purchased a house and lot with TCT no 00000. Antonio is unaware that his house has encroached Maria’s property. Maria then hired a surveyor and discovered the encroachment and now demands Antonio to remove the property that has encroached. a) Can Antonio validly refuse the demand of Maria? (10 pts) b) Can a quieting of title to be instituted by Maria is proper? (10 pts) 4. In 2004, PURBIDA purchased a lot 5 hectare lot from HAYAHAY for P1m in Tacloban, Leyte. PURBIDA immediately acquired the lot but did not register it. In 2005, HAYAHAY lost a case for indebtedness and the court ordered the sale of the 5 hectare lot in which PASTILAN purchased it. PASTILAN immediately registered it. Who has a better right over the 5 hectare lot? (20 pts) 5. In 2005, X owns a lot and entered it to a usufruct with Y for a period of 5 years. In 2007, Y leased the lot with Z for a period of 4 years and collected rentals. Z used the lot to plant pineapples. Who will collect rentals for 2011? Bonus Question: Can a possession of a property ripen into ownership? Explain. (g.c.tapalla)