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All ▸ Bar 2024 ▸ Civil Law ▸ V. DIFFERENT MODES OF ACQUIRING OWNERSHIP (Civil Code, Art. 712) ▸ C. Prescription (Civil Code, arts. 1106-1155)

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Question

V. DIFFERENT MODES OF ACQUIRING OWNERSHIP (Civil Code, Art. 712)

C. Prescription (Civil Code, arts. 1106-1155)

Scenario:

Mr. Santos had been occupying a piece of agricultural land for over 30 years without any objection or claim from the owner. During this period, Mr. Santos cultivated the land, built a small house, and treated it as his own property. However, recently, a new owner claimed ownership of the land and demanded that Mr. Santos vacate the premises.

Question:

Based on the concept of prescription under the Civil Code, can Mr. Santos acquire ownership of the agricultural land? Explain your answer citing the relevant provisions of the Civil Code.


Answer

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