Question 1

A ordered books from Rex Publishing worth ₱1M. The books were delivered to him at his office and as it was a Sunday, he issued a check which was dishonored when it was presented for payment. He sold the books to B. Can Rex Publishing recover the books?

Accepted Answer

C

Question 2

A, B, C and D are the heirs of X and Y who left an estate of 10 hectares in Laguna. The three (3) brothers agreed to convert the land from a riceland to a subdivision. D, the sister disagreed. Is D's act valid and what is the remedy of the brothers?

Accepted Answer

C is correct because in matters involving significant alterations or improvements on co-owned property, the consent of all co-owners is generally required. However, if the refusal of one co-owner is clearly prejudicial to the common interest, courts may intervene to allow the alteration, balancing the interests of all parties involved.

Question 3

A, B and C are the co-owners of a parcel of land located in the City of Manila consisting of 90 square meters. A sued B and C for partition. How do you thing the court will decide?

Accepted Answer

The court is likely to dismiss the action for partition if dividing the land would render it useless for its intended purpose, especially if the land is very small, as dividing such a small parcel could indeed make it impractical or impossible to use effectively.

Question 4

In the question above, where D refuses to agree, what would be your advice to A, B and C?

Accepted Answer

Filing an action for partition is the appropriate legal remedy when co-owners cannot agree on the management or disposition of property. This allows the property to be divided among the owners according to their respective shares, without requiring unanimous consent.

Question 5

In the question above, A, B and C agreed to use the amount of ₱100M left by their parents for the development of the land. D disagreed. Is D's act correct?

Accepted Answer

The expenditure is not a mere act of administration but an act of dominion which needs the consent of all.

Question 6

A, B, C & D are the co-owners of a parcel of land. They agreed to orally partition the property. Is the partition valid?

Accepted Answer

The contract is valid and enforceable because, in matters of real estate, the Statute of Frauds typically requires certain contracts to be in writing to be enforceable, such as conveyances and leases. However, a partition, which is the division of property among co-owners, is not considered a conveyance or a lease but rather a segregation of the property. Therefore, it does not necessarily have to be in writing to be valid and enforceable.

Question 7

A, B & C are the co-owners of a parcel of land. They leased it to D. For failure to pay the rents, A alone sued D. Will the action prosper?

Accepted Answer

C) The action will prosper because anyone of the co-owners may sue for ejectment. This is based on the principle that any co-owner has the right to ensure that the property is used correctly and can take action to protect their interest, including actions for ejectment against a tenant who fails to pay rent.

Question 8

What is the status of the sale of the whole property by one co-owner?

Accepted Answer

The sale of the whole property by one co-owner without the consent of the other co-owners is valid only as to the share of the seller co-owner. The buyer acquires only what the selling co-owner legally owns, which is their proportionate share in the property, not the entire property itself.

Question 9

Which of the following is false with regard to the prescription on action to quiet title?

Accepted Answer

The statement that whether the plaintiff is in possession or not, the action to quiet title will prescribe is false. The action to quiet title is designed to establish or settle the title to a property against anyone and everyone, and thus, if the plaintiff is in possession, the action does not prescribe. This is because the action is essentially a preventive remedy aimed at avoiding possible litigation over the title.

Question 10

What should a co-owner do inorder that he can recover expenses in the alteration of co-ownership?

Accepted Answer

To recover expenses for alterations in a co-ownership, it is essential to secure unanimous consent from all co-owners. This ensures that all parties agree to the changes and the associated costs, thereby facilitating reimbursement for the expenses incurred.

Question 11

The following are some of the characteristics of a co-ownership except one:

Accepted Answer

Co-ownership does not have judicial personality. Judicial personality refers to the capacity to have rights and obligations, and in most legal systems, co-ownership itself as an entity does not have this capacity. Instead, the individual co-owners have rights and obligations.

Question 12

Within what period should the owner of a property subject of avulsion recover the lost property?

Accepted Answer

The owner of a property subject to avulsion has 2 years to recover the lost property.

Question 13

A, B and C inherited a real property from their father. Subsequently, knowing that he is the co-owner of the said property, A mortgaged the same to D. For failure to pay, D foreclosed the same.

Accepted Answer

B and C, as co-owners, can only redeem the property to the extent of their respective shares since A could only mortgage his own share.

Question 14

A, B, and C are co-owners of a parcel of land. A sells his aliquot part of the whole property without the consent of B and C. Is the sale valid?

Accepted Answer

A co-owner has the right to sell his aliquot (ideal) share in the property without needing the consent of the other co-owners. This is based on the principle that each co-owner has full ownership rights over their share, including the right of alienation.

Question 15

Which of the following is a characteristic of a co-ownership?

Accepted Answer

A co-owner acts in a sense as a trustee for the other co-owners, meaning they have a responsibility to manage the property in a way that benefits all owners, not just themselves. This is a fundamental characteristic of co-ownership, where each co-owner's rights and responsibilities are interconnected with those of the other co-owners.

Question 16

Which of the following is not a ground for extinguishment of a usufruct?

Accepted Answer

The answer of Which of the following is not a...

Question 17

In taking care of the thing in usufruct, what degree of diligence is required?

Accepted Answer

The degree of diligence required in taking care of the thing in usufruct is that of a good father of a family. This standard, often used in legal contexts, implies a level of care and attention that a diligent and responsible head of a family would give to managing their own affairs.

Question 18

In 2001, A granted a usufruct over his building to B until February 23, 2011 when C, the son of B would have reached the age of 25. C died at the age of 23 in 2009. What happened to the usufruct?

Accepted Answer

The usufruct subsists because it was granted for a specific period (until C would have reached 25), and the death of C does not affect the duration unless there was a stipulation to the contrary.

Question 19

A built his house on his lot up to the boundary line and opened windows with direct view over the lot of B. Twenty (20) years later, B built his house up to the boundary line of his lot, hence, A filed a complaint enjoining B from building his house up to the boundary contending that he has acquired the easement of light and view by prescription and that B cannot build less than 3 meters from the boundary. Is A correct?

Accepted Answer

The correct answers are B and C because for an easement of light and view to be acquired by prescription, there must be a formal prohibition acknowledged before a notary public, and specific distances must be observed to respect the neighbor's property rights. A's failure to formally prohibit B from obstructing the view and not observing the required distances means A cannot claim the easement by prescription.

Question 20

A tolerated B to use his land, hence, B constructed a road where his trucks would pass through, going in and out of his land. Fifty (50) years thereafter, A asked B to pay rentals but B refused contending that he has already acquired ownership over the easement of right of way by prescription. Is B correct?

Accepted Answer

Easements, such as a right of way, cannot be acquired through prescription if they are not continuous and apparent. In this case, while the use of the road may be apparent, an easement of right of way is considered discontinuous because its use is dependent on the acts of man (i.e., driving trucks through the land), not a natural or automatic occurrence. Therefore, B cannot claim ownership over the easement through prescription.

Quiz 15: Legal Issues in Property Ownership and Easements