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In our jurisdiction, there are three kinds of action for recovery of possession of real property: 1) ejectment (either for un]awful detainer or forcible entry) in case the dispossession has lasted for not more than a year; 2) accion publiciona or a plenary action for recovery of real right of possession when dispossession has lasted for more ...
In the present case, the Spouses Supapo filed an action for the recovery of possession of the subject lot but they based their better right of possession on a claim of ownership [based on Transfer Certificate of Title No. C-28441 registered and titled under the Spouses Supapo's names46.
An accion publiciana is an ordinary civil proceeding to recover the right of possession and determine the better right of possession of realty independently of title when the dispossession has lasted for more than one year and the plenary action of forcible entry or illegal detainer is no longer available.64 Without prior possession, Segundina ...
Under the law and the Rules of Court, an owner is given an assortment of legal remedies to recover possession of real property from the illegal occupant. The choice of which action to pursue rests on the owner.
On November 17, 1994, respondent Barangan filed a Complaint 24 for Recovery of Possession, docketed as Civil Case No. 94-3423, against petitioners Dulfo and Jakosalem with the Regional Trial Court (RTC), Branch 73, Antipolo City.
Accion reivindicatoria or accion de reivindicacion is, thus, an action whereby the plaintiff alleges ownership over a parcel of land and seeks recovery of its full possession. [11] It is a suit to recover possession of a parcel of land as an element of ownership. [12]
Under the law and the Rules of Court, an owner is given an assortment of legal remedies to recover possession of real property from the illegal occupant. The choice of which action to pursue rests on the owner.
In this article, we shall discuss recovery of possession and ownership, the distinctions between the two actions to recover real property, whether possession or ownership. The juristic idea of the concepts of possession and ownership is normal to all frameworks of law.
Apr 28, 2024 · Right to Recover Possession: The legal owner of a property has the right to recover possession if they have been wrongfully dispossessed. Legal actions such as forcible entry or unlawful detainer suits are avenues to address such dispossession.
In the case at bar, petitioner filed a complaint against herein respondents for the recovery of possession and ownership of an unregistered land. Based on the allegations of her complaint, there is doubt as to the identity of the land sought to be recovered, both in its area and its boundaries.
