Property Flashcards
(178 cards)
1
Q
State if the following properties have become immovable.
a. Machineries placed by X in a building built by him on land owned by Y. The machineries were mounted on foundations of concrete. In the contract of lease, all the buildings and improvements, except machineries shall remain with X.
b. Machineries installed and placed in the sugar central by mining company owner for the purposes of increasing its mining capacity.
A
.
2
Q
A was the owner of a painting with a frame, which he bought in Florence. As his house was not yet habitable, A gave the painting to his neighbor in the meantime that A’s house was being constructed. What kind of property is the painting while in B’s house?
A
.
3
Q
Define property.
Distinguish between thing and property.
A
.
4
Q
What are the different kinds of immovables?
A
.
5
Q
Petitioners contend that the machines that were the subjects of the Writ of Seizure were placed in the factory built on their own land. Indisputably, they were essential and principals elements of their chocolate-making industry. Hence, although each of then was movable, all of them have become immobilized by destination because they are essential elements if industry. Petitioners argue that said machines are real property and therefore not the subject of the writ. However, the lease agreement entered into by the petitioners provide that the machines in question are to be considered as personal property.
A
.
6
Q
A constructed his building on a piece of land belonging to B, to whom he (A) pays a monthly rentals of 500.00. Is the building personal or real?
A
.
7
Q
In order to secure the payment of a debt of 100,000.00, A, the debtor, executed a chattel mortgage over a house which he had constructed on a rented lot belonging to C. In the deed of chattel mortgage, the parties expressly state that A’s house is a chattel. Because of A’s inability to pay the debt, B finally decided to foreclose the mortgage. A contends that B cannot foreclose the mortgage on the ground that the chattel mortgage contract was void since under the law a building is real and not personal property. Is the contention correct?
A
.
8
Q
As A was constructing a concrete building on his own lot, he also erected wooden scaffolding a on which plumbers and carpenters may climb.
a) what kind of property are the wooden scaffolding and why?
b) what kind of property is the building being constructed on the lot?
A
.
9
Q
Manila Petroleum Co. owned and operated a petroleum operation 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. The platform tethered to a ship, the MV 101, which was anchored on 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, flowers, immovable or movable property?
A
.
10
Q
A leased a building to B for a term of 10 years. B established a shoe factory in the building and as a result he installed certain machineries therein. Are such machineries movables or immovables? Reasons.
A
.
11
Q
Is mortgage on land movable or immovable property?
A
.
12
Q
May certain things partake both of the nature of real and personal property? Discuss citing examples.
A
.
13
Q
What is meant by property of public dominion?
What are the characteristics of property of public dominion?
A
.
14
Q
A’s land is bounded on the south by the sea and on the east by a river. Both sides have grown by accretion. What should A do to obtain a certificate of title to the enlarged areas?
A
.
15
Q
What is meant by “public lands”, “public domain” and “government lands” and how shall we distinguish one from the other?
A
.
16
Q
How are lands of the public domain classified?
What is meant by patrimony am property of the state or of provinces, cities and municipalities?
A
.
17
Q
What is meant by property of private ownership?
Discuss the nature and classification of the Roppongi lot?
A
.
18
Q
Accretion was formed as a result of dumping of sawdust by the Sun Valley Lumber Co. somewhere at an area near Balacanas Creek and Cagayan River. Is the land private or public?
A
.
19
Q
Define ownership.
What are the traditional attributes or elements of ownership? In other words, what are the rights of a person over his property?
A
.
20
Q
What are the limitations upon the rights of ownership?
A
.
21
Q
A and B, employees of China Banking Corporation, were charged by the latter with qualifies theft. Thereafter, A after admitting his civil liability, ceded to the Bank a parcel of land located in Manila. The deed of transfer was presented to the Registry of Deeds for registration but because the Bank is alien-owned, the Register of Deeds submitted the matter to the Land Registration Commission in consulta. The Land Registration Commissioner handed down a resolution declaring that the transfer in favor of the alien bank is in contravention of the Constitution of the Philippines. Is this resolution correct?
A
.
22
Q
As a consequence of ownership, what are the rights of a person over his property?
When is force in defense of property justified?
A
.
23
Q
What is the extent of the right of ownership of the owner of a parcel of land?
A
.
24
Q
What is a hidden treasure?
To whom does hidden treasure which is discovered belong?
A
.
25
X is the owner of a piece of land where hidden treasure was believed to be buried. Y who owns a device used in detecting hidden treasure was given permission by X to use the device on his land. Y discovered, after some effort, jewelry and other precious objects which are not of interest to science or arts worth 60,000. To whom should the treasure belong?
.
26
# Define accession.
What are the different kinds of accession?
.
27
To whom does the offspring of animals belong when the male and the female belong to different owners?
.
28
Is the rule of accession discreta - that to the owner of the thing belong the natural, industrial, and civil fruits - absolute in character?
What are the basic principles governing accession continua?
.
29
What is meant by bad faith and good faith in accession?
.
30
Can a lessee be a builder in good faith?
.
31
A promised to donate a property to B. B constructed his house therein before the donation. If the property was not donated to him, is B considered a possessor in good faith?
.
32
In a contract of lease over a parcel of land, a promise to sell was stipulated. If the lessee improves the land, can lessee claim to be a builder in good faith on the basis of the promise to sell? Why?
.
33
Petitioners' possession of a parcel if land was mere tolerated. They were permitted to build a copra dryer on the land. When they were being evicted, they invoked Art. 448 of the NCC for their compensation. It was found out however that the dryer and the store they built was transferable. Is Art. 448, NCC applicable?
.
34
If the owner of the land makes therein any building, planting or sowing with materials of another, what are the rights and obligations of the parties?
.
35
A plants in bad faith on his own land, palay seeds belonging to B. What are the rights and obligations of the parties?
Suppose that A acted in good faith, what are the rights and obligations of the parties?
.
36
X Co. sold and delivered 3M worth of construction materials to A Co. which the latter used in the construction of 6 buildings at its compound. Because 1M of the purchase price had not been paid, an action to recover the unpaid balance was brought against A Co. Judgment was rendered in favor of the former and a corresponding writ of execution was issued. As a result, the sheriff levied upon the 6 buildings. B Co. filed a third-party complaint asserting ownership over the 6 building by virtue of the absolute deed of sale executed by A Co. in its favor 7 months before the action above was instituted. Shielded by indemnity bond, the sheriff proceeds with the auction and were sold to X Co. for 2M. B Co. brought an action against X Co. praying for the nullification of the judicial sale. Decide.
.
37
If certain person builds, plants, sows in good faith, what are the rights and obligations of the parties?
.
38
According to the law, if the owner of the land on which anything has been built, planted, or sown elects to appropriate the works, planting, sowing, he shall pay an indemnity for all necessary and useful expenses. Pending payment of such indemnity, the builder, planter or sower has a right to retain the land and the improvements thereon.
a) During such period of retention, who shall be the entitled to the natural, industrial and civil fruits?
b) Can the builder, planter or sower be compelled to pay rentals?
.
39
Suppose that the owner of the land should avail himself of the remedy provided for in Art 448 of the NCC - compelling the builder in good faith to pay the value of the land - but such builder fails to pay. Does he become automatically the owner of the building?
.
40
Let us assume that A is the owner of the land and B is the builder. C, a third person, had furnished materials in the construction or the building, and there is still a balance of 8,200 which had not yet been paid to him by B. Suppose then that, instead of availing himself of any of the 3 remedies, the owner of the land chose to seek recovery by asking for a writ of execution and subsequently, properties of the builder including house are levied upon and sold at public auction with the owner of the land as highest bidder, what is the effect upon rights of the parties?
.
41
A and B unknowingly built a portion of their house on a lot belonging to X and Y. Subsequently, the latter brought an action for recovery of the lot, including that portion upon which part of the house is built. The trial court, after trial, ordered the former to vacate the land and to pay a monthly rental of 10,000 from the filing of the complaint until they vacate the same. Is the decision correct?
.
42
A built a garage on a lot adjoining his property knowing it to belong to B. B, who was aware thereof, offered no objection. what are the rights and obligations of the parties?
.
43
If a certain person builds, plants, or sows in bad faith, what are the rights and obligations of the parties?
.
44
A plants on land belonging to B, taking advantage of the latter's absence in America. On the latter's return, he filed an action for the recovery of the land as well as all the fruits, both harvested and pending, plus damages. Granting that the action will prosper, what are the rights of A?
.
45
If a certain person builds, plants it sows in good faith on land belonging to another in bad faith, what are the rights and obligations of the parties?
.
46
If a certain person builds, plants, sows on land belonging to another with the materials, plants, or seeds of a third person, what are the rights and obligations of the parties?
.
47
Using lumber belonging to C, B constructed a house on land belonging to A. He was aware that the lumber belonged to C and the land to A. Both A and C were abroad at the time of construction. Two years later, the 2 returned to the Philippines. Subsequently, A commenced an action against B. C intervened. What are the rights and obligations of the parties?
.
48
Believing that a piece of land belonged to him, A erected thereon a building, using the materials belonging to C. B, the owner of the land, was aware of the construction being made by A, but did not do anything to stop it.
.
49
# Define alluvion.
What is the rule with regard to alluvion?
.
50
A is the registered owner of land adjoining the bank of Cagayan River. From the time of the registration of the land up to 1958, alluvial deposits had accumulated on that part of the property adjoining the river. This accretion was occupied in 1933 by B and C. They have been in possession ever since, in the concept of owner (ocen). In 1958, A brought an action against B and C to quiet his title to said alluvial property invoking the principle of alluvion (Art 457). Defendants contend that they have already become the absolute owners of the property through prescription. Is this correct?
.
51
Kiko is a riparian owner of a piece of land. His land has gradually diminished in an area due to the current of the river, while the registered land of Sergio on the opposite bank has gradually increased in an area by 200-sq meters.
a) who has the better right over they 200-sq meter area that has been added to Sergio's registered land, Sergio or Kiko?
b) may a third person acquire said 200-sq meter land by prescription?
.
52
In 1951, PE occupied the bank of the river in San Mateo which was called Libis. By force of the current of the river, silt was deposited on this river bank so that it gradually became wider and wider and wide until it measures about 2 hectares. In 1976, VA, the registered owner of the land adjoining the old river bank, demanded that PE vacate the land but the latter refused claiming he had acquired the alluvial deposits by prescription. VA then files am action to quiet the title and recover possession. Will the action prosper. Why?
.
53
# Define avulsion.
What is the rule with regards to avulsion?
Distinguish between alluvion and avulsion.
.
54
The Rio Magnifico river deposited soils along its bank for many years beside the titled land of Jim. In time, such deposit reaches an area of 1,000 square meters. With the permission of Jim, Mike cultivated the said area. Ten years later, a big flood occurred in the river and transferred the 1,000 sq meters to the opposite bank, beside the land of Lito. The land transferred is now contested by Jim and Lito as riparian owners and by Mike who claims ownership by prescription. Who should prevail?
.
55
What is the rule with regard to changes in the course of rivers?
.
56
A and B owns a parcel of land on opposites sides of a river. The river changed its course and passes through C's land not adjoining either A's or B's land. As a result of the change of the river, C lost 10 hectares of his land.
a) Assuming that the area of the abandoned river bed between the lands of A and B is also 10 hectares, who is entitled to the accession? Why?
b) Suppose the area of the abandoned river bed is 15 hectares, will that make any difference in your answer? Why?
.
57
The Director of Lands sold a 24 hectares - public land to A at 20 centavos per sq meter. The land was adjoining a river which after the sale changed its course and left its bed dry, the area of which is 2 hectares. The purchaser, A claimed and occupied this portion of land alleging right of accretion, to which the Director objected contending that the purchaser only bought 24 hectares at a specified price per sq meter and consequently, he has no right to claim said portion of land, it being in excess of what he bought. Who owns the two hectares in question?
.
58
A owns a parcel of land adjoining the bank of the Pampanga River. The land on the opposite bank is owned by B. The river suddenly changed its course and the new river bed passed through more than 1/2 of the land of B. The ownership of the abandoned river bed is claimed by:
a) A as the owner of the adjacent land;
b) B who lost more than 1/2 of his land to the new river bed;
c) the Government on the ground that the abandoned river bed is part of public domain;
Determine the rights, if any, of each claimants.
.
59
Will failure to register accretion divest the land of its character as private property?
.
60
The Cagayan River separates the towns of Solana on the west and Tuguegarao on the east. In 1919, the lands east of the river were covered by the Tuguegarao Cadastre, in which the land of Agustin was found. All lands in the wear were covered by the Solana Cadastre on which the lands of Binayug and Melad were located. As the years went by, the Cagayan River moved gradually eastward, depositing silt on the western bank. But in 1986, after a big flood, the river change its course, returned to its 1919 bed and in the process cut across the lands of Binayug and Melad whose lands were transferred to the eastern side. To cultivate these lands, they had to cross the river. One day, while cultivating their lots on the eastern side of the river, Binayug and Melad were driven away by Agustin who claimed the land as his own. Determine the ownership of the lands claimed by Agustin.
.
61
In cases where the government sells, on installment basis, a lot bordering on a public stream, what constitutes the boundary and what area shall be considered as included in the sale?
.
62
Classify the natural bed or basin of lakes.
Suppose that a river dries up, who is the owner of the old bed?
.
63
What is the rule with regards to islands which may be formed either on the seas or on rivers?
.
64
What are the distinctive characteristics of adjunction?
What are the different ways in which adjunction may take place?
.
65
If two movable things belonging to different owners are united in such a way that they form a single object, to whom shall the object belong?
.
66
In adjunction or conjunction, what are the tests to be applied in order to determine the principal?
.
67
If two or more things belonging to different owners are mixed (commixtion or confusion), to whom shall the mixture belong?
.
68
During the prolonged absence of A, the owner of a cattle ranch where cattle from America and Australia were being bred, B, the owner of the neighboring ranch, fraudulently mixed up all of his cattle with all those belonging to the former. Several years later, A returned. When he found out what had happened, he brought an action against B for the recovery of his cattle plus damages. Decide the case.
.
69
If a certain person employs the materials of another in order to make a thing of a different kind (specification), to whom shall the thing belong?
.
70
When may an action be brought to remove the cloud or to quiet the title to real property or any interest therein?
.
71
Are tax declarations conclusive evidence of ownership of properties stated therein?
.
72
# Define co-ownership.
What are the requisites of co-ownership?
.
73
Distinguish co-ownership from partnership.
.
74
How do you determine the share of the co-owners in the benefits and charges arising from the co-ownership?
.
75
What are the limitations upon the rights of a co-owner to use the thing owned in common?
.
76
A and her sister B, are co-owners of a two-storey building. The upper floor of the building was occupied for residential proses by B and her husband, H, while the ground floor, which was divided into several spaces, was leased to several store owners. One of the spaces was used by H as his office. Later, after a quarrel, A brought an action against B and H demanding the payment of her 1/2 share of the rentals for the use if the part of the house which they were occupying. Decide the case.
.
77
If the different stories of a house belong to different owners, and the titles of ownership do not specify the terms under which they should contribute to the necessary expenses and there exists no agreement on the subject, what rule should be observed?
.
78
What is meant by condominium?
Who has title to the condominium project?
.
79
If you are the owner of a unit in a condominium project, such a an apartment, office or store, can you transfer your interest in the project to a third person? Explain your answer.
.
80
Under the condominium law, when can the owner of a suit demand for the partition by sale of the condominium project?
.
81
Distinguish between the right of a co-owner to make repairs for the preservation of the property owned in common, to perform acts of administration, and to perform acts of ownership or alteration.
.
82
What is meant by acts of administration and acts of alteration? Distinguish one from the other.
.
83
R, S, and T are co-owners of a 10-hectare agricultural land in Quezon City. R is the administrator. S and T are in Spain. May R convert the land to a memorial park without the knowledge and consent of S and T?
.
84
Three of four brothers, the sole heirs of the deceased parents, agreed to convert a rice field in the estate into a subdivision and spend re money, also left by their parents, for developing the subdivision. The fourth son disagreed and brought a suit to enjoin his brothers from proceeding with the subdivision and spend the money they inherited to its development. Will the action prosper?
.
85
How do you determine the majority of the co-owners?
What is the effect if a co-owner desires to make an improvement on the property, but he cannot secure the consent of the majority?
.
86
Who has the right of administration of the property owned in common?
.
87
Is the lease of the entire community property an act of administration or an act of ownership or alteration?
.
88
H died in 1958, survived by his widow, W, and several legitimate children. During their marriage, the two acquired several parcels of lands which they registered as conjugal properties. After H's death, W mortgaged all of her rights in such properties in favor of X. When the latter tried to register the mortgage, the Registry of Deeds refused on the grounds that W's rights were merely inchoate there being no previous liquidation of the conjugal properties. Is this refusal in accordance with law?
.
89
How may co-ownership be terminated?
.
90
Can a co-owner acquire exclusive ownership over the property owned in common by prescription?
.
91
Can possession of a co-owner ripen into ownership? Why?
.
92
When is partition of the community property at the instance of a co-owner not allowed?
.
93
A, a co-owner of a property with B, succeed in acquiring Torrens title in his own name to the property. Five years after, B learned of A's action, B filed an action for partition of the property. May A plead prescription of B's cause of action? Explain.
.
94
One of the co-owners of a parcel of land took possession of a part of it, but did not by any express or implied act show that he repudiated the co-ownership. Can the other co-owners ask for partition?
.
95
# Define possession.
What are the elements of possession?
.
96
What are the different degrees of possession?
.
97
Distinguish between jus possessionis and jus possidendi.
.
98
What are the different classes of possession?
.
99
Distinguish between ownership and possession.
Will an owner's act of allowing another occupy his house rent-free create a permanent and indefeasible right of possession in the latter's favor?
.
100
O, the owner of a riceland, leases the same to L who, in turn subleases it to S. S hires a kasama, K, who actually cultivates the land, but does not stay thereon. As a matter of fact, nobody owns the land. Who among O, L, S and K may be said to have possession of the rice land. Explain.
.
101
What is meant by:
a) possessor in good faith
b) possessor in bad faith
What requisites must concur in order that one may be classified as a possessor in good faith or a possessor in bad faith?
.
102
When does possession in good faith lose its character?
How is possession acquired? How is is lost?
.
103
In a petition for reconstitution of a lost or destroyed TCT, where the petitioner-owner states that she is in possession but somebody else is residing in the property, is the petition defective?
.
104
May possession acquired through violence ripens into ownership?
.
105
In case of a conflict between 2 persons regarding the possession of a certain property, who shall be preferred?
.
106
What are the remedies available to possessor in order to protect his possession?
.
107
Can jus possidendi be exercised as a right to the prejudice of a party whose possession is predicated on a contract like agency, trust, pledge or lease?
.
108
What kind of possession can serve as title for acquiring dominion?
.
109
Outline the effects of possession in good faith and possession in bad faith.
.
110
If the possessor is ousted from his possession by the true owner of the property, what are the rights of the two parties with respect to fruits received or harvested by the possessor?
.
111
What is meant by:
a) necessary expense
b) useful expense
c) ornamental expense or expense for pure luxury?
.
112
Assuming that a possessor of a lot is a possessor in bad faith, is he entitled to either the right of retention or the right of reimbursement for useful and ornamental improvements?
.
113
Can the true owner recover a movable thing from a possessor who is in possession of such thing in concept of owner?
.
114
Gregorio lost his ring. After Agee days, he found it in the possession of Hospicio who had loaned money to Z and received the ring from the latter as security. Discuss the relative rights of Gregorio and Hospicio in the light of the principle of possession of movable property acquire in good faith is equivalent to a title.
.
115
A, the owner of Buick car, was approached by B, a dealer in second hand cars, regarding the sale of Buick to a prospective buyer. Since A had lost his certificate of registration when he delivered the car to B to be shown to the prospective buyer, he also gave the latter a letter addressed to the LTO asking for the issuance of a new certificate of registration. B, however, falsified the letter , converting it into an absolute deed of sale. Subsequently, after obtaining a certificate of registration, he sold the car to C who in turn sold it to D. Later, A brought an action against D for the recovery of the car. Will the action prosper?
.
116
A, a diamond merchant, turned over a 50,000 diamond ring to B for the sale on commission. Instead of selling it, the latter pledged it at a pawnshop owned by C, for a loan of 30,000. Later, A found out what happened. Because of C's refusal to give up the ring to him, A brought an action for recovery of said ring against C. The latter now contends that he is a pledgee in good faith and that even assuming that A can recover the ring because he had been unduly deprived thereof by the pledgor B, he must first reimburse to the pawnshop the amount of 30,000 plus interest which the ring stands as security. Is C correct?
.
117
A valuable diamond ring belonging to X was stolen from her residence in 1952. In 1953, while dining at La Blue, she recognized the ring in the finger of A. 3 days after, the 2 went to La Rebullida. Mr. Rebullida identified the ring as the very ring brought from him by X in 1947. Because of A's refusal to return the ring to her, X brought an action for recovery against A. Defendant interposed the defense that she bought the ring in good faith from B; B, against whom a third-party complaint was filed, claimed that she bought it in good faith from C; C, against whom a third-party complaint was filed turned out to be a mysterious figure. She could not be located. Will the action prosper?
.
118
A bought in good faith a diamond ring from B. It turned out that B had stolen the same ring from C, who instituted a criminal case against B for theft. While the criminal case was pending, C files a motion praying to order A to return the ring to him. Decide the motion with reasons.
.
119
A cow was stolen from Pedro was impounded in a city pound for having been caught loose in a street in violation of a city ordinance and the later on sold at public auction in order to collect the impound fees and adjudicated to Juan as the beat bidder for the sum of 20,000. Later, Pedro who finally located the cow, demanded Juan but the latter refused to surrender it unless he is paid the sum 20,000. Has Pedro the right to recover the possession on the ground that the cow was stolen from him?
.
120
What are the different cases under the NCC whereby the owner of a movable who had lost it or who has been unduly deprived thereof can no longer recover it from the possessor?
.
121
# Define usufruct and give its requisites.
Distinguish usufruct from ownership.
Distinguish usufruct from lease.
.
122
How may usufruct be constituted?
Who shall be entitled to the natural, industrial and civil fruits of the property in usufruct?
.
123
What are abnormal usufructs?
May money be the object of usufruct?
.
124
May a right of usufruct be alienated?
.
125
What is meant by caucion juratoria?
.
126
What are the obligations of the usufructuary?
.
127
When is the usufructuary excused from the obligation of giving a bond or security?
.
128
If the usufructuary incurs necessary, useful and ornamental expenses, what are his rights?
.
129
In usufruct, who is responsible for repairs and taxes?
.
130
Does the usufruct reserved by the vendor in the deed of sale over lots then vacant give the usufructuary the right to receive the rentals of commercial building thereafter constructed by the vendees with their own funds? Why?
.
131
What are the modes of extinguishing usufruct?
.
132
A sold a parcel of land with 2 buildings thereon to B for 50,000 subject to the condition that A shall receive from B by way of life pension 1/3 of the rents of the 2 buildings. Without B's fault, the 2 buildings were totally destroyed by fire. B now alleges that the right to receive a life pension was extinguished open the loss of the building. Is such contention valid?
.
133
Define easements or servitude. Is there any difference between easements and a servitude?
.
134
What are the different classes of easements?
.
135
What are the characteristics of easements?
.
136
Emma bought a parcel of land from E-PCI Bank, which the same acquired from Felisa, the original owner. Thereafter, Emma discovered that Felisa had granted a way over the land in favor if the land of Georgina, which had not outlet to a public highway, but the easement was not annotated when the serving estate was registered under the Torrens system. Emma then 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 this controversy?
.
137
How are easements acquired?
Are the easements for right of way and of aqueduct be acquired by prescription?
.
138
How shall the period of possession be computed in order that an easement may be acquired by prescription?
.
139
X was the original owner of 2 adjoining lots. He had constructed on one of the lots a house with windows overlooking the adjoining lot. In. 1940, he sold the first lot, including the house to A and the second lot to B. In 1955, B applied for a permit to construct a house in his lot. A opposed, but the application was approved. Hence, A brought an action to restrain B from constructing the house, unless it is erected at a distance of not less than 3 meters from the boundary line. A contends that he has acquired an easement of light and view in accordance with Art. 624 of the NCC, while B maintains that since he has never been formally prohibited by A from obstructing the light and view as required by Arts. 621 and 668, there can be no basis for the existence of an easement of light and view. Decide.
.
140
FS was the owner of a big lot in Dagupan Street. On the southern portion of the lot was a house with doors and windows overlooking the northern portion of the lot in which a small house was standing. FS subdivided the lot into 2 and sold the southern portion to JB and the northern portion to TY. TY demolished the small house and obtained permit to construct a 4-storey building in his portion which would obstruct the view from the doors and windows of JB's house. JB filed an action to enjoin TY from constructing his building unless it is at a distance of not less than 3 meters from the boundary line of the two portions. Will the action prosper?
.
141
What are the limitations upon the right of the owner of the dominant estate to exercise the easement once it is acquired either by title or by prescription?
.
142
A, owner of a sugar central, entered into a contract with several sugar planters whereby he was given a right to construct a railroad passing through the estates of the latter. It was agreed that such railroad shall be used for transporting sugar canes to be milled in A's sugar central. Although only sugar canes belonging to the owners of the servient estate were transported when the railroad commenced operations, subsequently, even sugar canes belonging to other planters were transported. Is there now a change in the exercise of easement?
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143
X granted an easement of right of way by way of Y to transport A's sugarcane over his (X) railway on 10 railroad cars a day. The railway was constructed by X over the lad of Y. Due to the failure of A to supply sufficient sugarcane, and because of the need of increasing his sugar milling productions, X takes the sugarcane of B, C and D and using 20 railroad cars daily, transport thorns through the land of Y for the use of the easement. Has X violated the restrictions imposed by Y? Explain.
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144
What are the modes of extinguishing easements?
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145
What is meant by the legal easement of drainage of waters, or what is sometimes known as the natural easement of waters?
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146
What is meant by the legal easement of aqueduct? When can a legal easement of aqueduct be established?
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147
Then owners of a parcel of land, of contending that their land is surrounded by several estates And that the access to the provincial road is difficult, sued for the granting of an easement of right of way. They claimed that the property abutting the road is the most convenient, direct and shortest access to and from the provincial road. The RTC granted it, but the CA affirmed with modification. Is the decision of the lower court correct?
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148
In an easement of right of way, which kind of way shall be chosen?
What are the requisites for one to be entitled to a legal easement of right of way?
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149
Who has the burden of proof to show entitlement to an easement of right of way?
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150
Anna's land is only 164 sq meters. Never would like to establish an easement of right of way consisting of 100 sq meters. Can Bebet compel Anna to grant an easement of right of way?
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151
a) How shall the indemnity to be paid by the owner of the dominant state of the servient stat in easements of right of way to be assessed?
b) What are the different instances where such indemnity is not required?
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152
RR owns a lot which he both from Sobrina Rodriquez Lombos Subdivision. The subdivision provided a right of way units subdivision plan for buyers of its lots. The road lot, however, is still underdeveloped and causes inconvenience to RR when he uses it to reach the public highways. RR filed for an easement of right of way against Gatchalian Realty. Is RR entitled to an easement of a right of way through Gatcalian Avenue which is owned by Gatchalian Realty?
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153
What is the effect upon the right of way if the owner of the dominant estate had joined his estate to another abutting on a public road if a new road is opened giving it access?
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154
Why is the subject of party walls places under the law on easement issued under the law on co-ownership?
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155
In an easement of party wall, what estate is serveint? Why?
| When is an easement of a party wall presumed to exist?
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156
What are the different instances where it is understood that there is an exterior sign, contrary to the easement of a party wall?
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157
How shall the period of prescription for the acquisition of an easement of light and view be counted?
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158
When is an easement of light and view positive, and when is it negative?
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159
If the owner of a building would like to have a window or balcony which will give him either a direct or oblique view over an adjoining tenement, what distances must be observed?
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160
Suppose that a building is constructed up to the boundary line, suppose that the distances required in Article 670 are not observed , what are the rights of the owner of the building and of the owner of the adjoining tenement with regard to the making og any window or opening?
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161
A constructed a building on a residential lot belonging to him one meter distant from the boundary line with B’s lot. On the wall directly facing B’s lot, A opened non-regulation windows to admit light into his building with the knowledge of B. 15 years after, B constructed a high wall one meter distant from the boundary with A’s lot thus obstructing the light entering into A’s building. A sued for the demolition of B’s wall asserting servitude not to build beyond a certain height (altius non tollendi) in his favor acquired by prescription by reason of which B cannot build a wall. Will A’s action prosper?
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162
About 15 years ago, A constructed a house on his lot at Quezon City adjoining a lot owned by X. He provided it with several windows overlooking X’s lot half a meter away from the boundary line. A month ago, X brought an action against A for the closure of th window alleging that the violate the law on distances.
a) Has A acquired an easement on light and view by prescription?
b) If he has not, will the action of X prosper?
c) If the action will not prosper, will that not be tantamount to saying that A has already acquired an easement of light and view?
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163
A built a house on his residential lot up to the boundary line. In the presence of B, the adjoining owner, A opened windows with the direct view over the lot of B. 12 years later, B built a house on his own lot also right up to the boundary line . A brought an action against B to enjoin the latter from building up to the boundary line alleging that B cannot built less than 3 meters from the boundary line a) as he had acquired an easement of light and view from prescription, and b) the action of B, if any, had already prescribed. Decide.
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164
Suppose that an easement of light and view has been acquired, what is the distance which must be observed by the owner of the servient estate id he desires to construct a house o his own property?
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165
Does the law allow the construction of a building having a roof which sheds rainwater on adjoining property?
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166
What is meant by legal easement of drainage of buildings?
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167
What are the distances to be observed in the planting of trees?
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168
A is the owner of a grove mango trees, some of the branches of which extend over the land of B.
a) Does B have the right to gather the mango fruits on the branches of which extend into his land?
b) In the same case, because of the quarrel of A and B unrelated to the trees, B cut off the branches insofar as they extended into his land, with the result hat A’s trees stopped bearing fruit for a season. Does A have a right of action against B?
c) Would your answer be different if, instead of cutting off the protruding branches, B had cut of the roots of the trees which penetrated into his land, with the same result that the trees stopped bearing fruits?
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169
Who owns the fruits of a tree naturally falling upon the adjacent estate?
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170
What is meant by the easements of lateral and subjacent support?
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171
Define nuisance.
| Classify nuisance and define each of them.
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172
Distinguish between a public and private nuisance.
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173
What are the remedies against a public nuisance?
| What are the remedies against a private nuisance?
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174
A drug lord and his family reside in a small bungalow where they sell shabu and other prohibited drugs. When the police found the illegal trade, they immediately demolished the house because according to them, it was a nuisance per se that it should be abated. Can this demolition be sustained?
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175
From the MERALCO’s substation in Quezon emanates unceasing sound, which, according to Dr. Velasco, who is residing in the adjoining lot, disturbed his concentration and sleep, impaired his health and lowered the value of his property. Wherefore, he brought an action against MERALCO for abatement of nuisance and for damages. He based the action on Arts. 694 (1, 2) and 2202 of the NCC. Quantitative intensity measurements made show that normal sound levels in the locality range from 40-50 decibels, while in the areas immediately adjoining the substation, they range from 66-76 decidels. Will the action prosper?
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176
What requisites must concur in order that a private person may summarily abate a nuisance?
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177
What is the doctrine of attractive nuisance?
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178
Is a swimming pool maintained in one’s premises an attractive nuisance, making the owner thereof liable for any injury that may result from it? Reasons.
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