Possession and Possessory Act

Question 1

Possession

Answer 1

Possession is the detention or enjoyment of a corporeal thing, movable or immovable, that one holds by himself, or by another in his name
The exercise of real right such as a servitude, with intent to have it as ones own is quasi-possession

Question 2

Acquisition of posseession

Answer 2

Corpus + Animus. Intent and corporeal possession

Question 3

Corporeal possession

Answer 3

physical acts of use, detention, or enjoyment over a thing

Question 4

Civil possession

Answer 4

once acquired possession is retained by intent to possess as owner, even if no more corporeal possession

Question 5

Constructive Possession

Answer 5

One who has possesses a part of an immovable by citrus of title is deemed to have a constructive possession within the limits of the title. In absence of title, one has possession only of the area he actually possesses.

Question 6

Precarious possessor

Answer 6

The exercise of possession over a thing with permission on behalf of the owner

Question 7

Possessory Action

Answer 7

The possessory action is brought by the possessor of immovable property or of a real right therein to BE MAINTAINED in his possessions, when he has been disturbed, or to be restored to possession when he has been evited

Question 8

How to maintain possession with possessory act:

Answer 8

1. must be in possession at time of disturbance 2. he and ancestors in title have had possession quietly and without interruption for more than 1 year, unless edited by fraud or force 3. The disturbance was one in fact or in law. 4. The possessory act was intuited with 1 year of disturbance

Question 9

Disturbance in fact or law….

Answer 9

disturbance in fact is eviction or physical act that prevents possession of immovable property or real right
disturbance in law is execution, recordation, registry that asserts ownership of immovable

Question 10

A person is in possession of an immovable property or real right when

Answer 10

he has corporeal possession, or civil possession proceeded by corporeal possession, and possesses for himself in GF, BF or even as usurper.
A person who claims the ownership of immovable property through his lessees, or through a person who has usufruct

Question 11

Judgement for possessory action…

Answer 11

1. recognize his right of possession, and restore if evicted. 2. order the D to assert his adverse claim of ownership in a petitory action with 60 days or be precluded 3. Award damages