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Property Final Exam Part 2

Q1: Match the letter of the corresponding concept with the definition or example in the numbers
below (only write the best matching letter with each number)

A)Party Wall J)Apparent Easements R)Continuous Easements

B)Res Nullius K)Traditio Longa Manu S)Traditio brevi manu
C)Acquisitive prescription L)Donation T)Easement of Aqueduct
D)Onerous Donation M)Tradition/Delivery U)Abnormal Usufruct
E)Usufruct N)Title V)Right of Way
F)Occupation O)Extinctive Prescription W)Res Communes
G)Easement or Servitude P)Traditio symbolica X)Animo revertendi
H)Donation Mortis Causa Q)Donation Propter Nuptias Y)Caucion Juratoria
I)Traditio constitutum possessorium

1) Gift made by reason of marriage and before its celebration, in consideration of the same and in
favor of one or both of the future spouses.

2) Transfer wherein the parties make use of a token or symbol to represent the thing delivered.

3) A mode of acquiring ownership by the seizure of things corporeal which have no owner, with the
intention of acquiring them, and according the rules laid down by law.

4) A promise under oath which takes the place of a bond, a sworn duty to take good care of the
property and return the same at the end of the usufruct.

5) Encumbrance imposed upon an immovable for the benefit of a community or one or more
persons or for the benefit of another immovable belonging to a different owner.

6) The juridical justification for the acquisition or a transfer of ownership or other real right. This is
the remote cause of the acquisition.

7) The right to enjoy the use and fruits of a thing without the obligation to preserve it.

8) A mode of acquiring ownership as a consequence of certain contracts, by virtue of which, the

object is placed in the control and possession of the transferee, actually or constructively.

9) Rights and actions are lost through the lapse of time in the manner and under the conditions laid
down by law.

10) Common property that no one in particular owns, these are really owned by everybody in that
their use and enjoyment are given to all of mankind.

11) The right granted to the owner of an estate which is surrounded by other estates belonging to
other persons and without an adequate outlet to a public highway to demand that he be allowed a
passageway throughout such neighboring estates after payment of proper indemnity.

12) A kind of easement the use of which is, or may be, incessant without the intervention of any act
of man.

13) An act of liberality whereby a person disposes gratuitously of a thing or right in favor of another
who accepts it.
14) Kind of delivery when the vendor continues in possession of the thing sold not as owner but in
some other capacity.

15) The intention to return or to have property returned.

16) Transfer and acceptance is made only after the donor’s death and partakes of the nature of a
will, thus is governed by the rules on succession.

17) The right arising from a forced easement by virtue of which the owner of an estate who desires
to avail himself of water for the use of said estate may make such waters pass through the
intermediate estate with the obligation of indemnifying the owner of the same and also the owner
of the estate to which the water may filter or flow.

18) Kind of transfer where the vendee already has possession of the thing sold by virtue of another
title, such as the contract itself.

19) A common wall which separates 2 estates built by common agreement at the dividing line such
that it occupies a portion of both estates on equal parts.

20) Those which are made known and are continually kept in view by external signs that reveal the
use and enjoyment of the same.

21) Gives a right to enjoy the property of another with the obligation of preserving its form and
substance, unless the title constituting it or the law otherwise provides.

22) A thing belonging to no one whether because it was never appropriated or because it was
abandoned by its owner.

23) A kind of delivery by mere consent of the parties if the thing sold cannot be transferred to the
possession of the vendee at the time of the sale.

24) Transfer which imposes upon the donee a reciprocal obligation or is made for a valuable
consideration, the cost of which is equal to or more than the thing donated.

25) One acquires ownership and other real rights through the lapse of time in the manner and under
the conditions laid down by law.
Q2: Andy, Costa and Bella are neighbors in the same community. In 2018, Costa decided to build a
hotel on her property. Before the hotel was constructed, Bella in going to and from her property and
the provincial road, passed through a passageway which traversed Costa’s property. Bella had been
availing of this passageway through Costa’s property for over 10 years. When construction of the
hotel began, Costa closed the passageway, but nonetheless suggested to Bella that she avail of a
route through Andy’s property which was also beside Bella’s lot and which the rest of the
community had also been using to go through and from the provincial road. However, now that
Bella has a family of her own along with her work load, Bella in taking the route through Andy’s
property would now suffer an additional 30 minutes travel, which would always cause her to be late
in going to work and in coming home from work. Additionally, Andy’s property recently became wet,
grassy and muddy due to poor maintenance which made it inconvenient to cross. Bella decided to
file a complaint for injunction with damages against Costa to secure the original passageway from
being closed off. In the complaint Bella alleged that she had acquired a right of way by prescription,
since the original passageway was used by her for over 10 years in going to and from her property
and the provincial road. Bella claimed that the passageway should not be closed off because that
would result in her having no adequate access to the highway, since the only available options
would result in her becoming very late to work and passing through grassy, wet, muddy areas which
would cause her great inconvenience and damage. Costa on the other hand alleged that the walling
in of its property was justified to insure the safety and security of its hotel and for protection and
privacy and convenience of its hotel patrons and guests. Costa also stated that the original
passageway was only allowed by mere tolerance and purely as an act of neighborliness. Decide the
case with reasons. (10%)

Q3: B donated to M a parcel of land in 1980. B made the deed of donation, entitled “Donation Inter
Vivos,” in a public instrument and M accepted the donation in the same document. It was provided
in the deed that the land donated shall be immediately delivered to M and that M shall have the
right to enjoy the fruits fully. The deed also provided that B was reserving the right to dispose of said
land during his (B’s) lifetime, and that M shall not register the deed of donation until after B’s death.
Upon B’s death, W, B’s widow and sole heir, filed an action for the recovery of the donated land,
contending that the donation made by B is a donation mortis causa and not a donation inter vivos.
Will said action prosper? Explain your answer.(10%)

Q5: Anastacia purchased a house and lot on installments at a housing project in Quezon City.
Subsequently, she was employed in California and a year later, she executed a deed of donation,
duly authenticated by the Philippine Consulate in Los Angeles, California, donating the house and lot
to her friend Amanda. The latter brought the deed of donation to the owner of the project and
discovered that Anastacia left unpaid installments and real estate taxes. Amanda paid these so that
the donation in her favor can be registered in the project owner's office. Two months later,
Anastacia died, leaving her mother Rosa as her sole heir. Rosa filed an action to annul the donation
on the ground that Amanda did not give her consent in the deed of donation or in a separate public
instrument. Amanda replied that the donation was an onerous one because she had to pay unpaid
installments and taxes; hence her acceptance may be implied. Who is correct? (10%)

Q6: Lauro owns an agricultural land planted mostly with fruit trees. Hernando owns an adjacent
land devoted to his piggery business, which is two (2) meters higher in elevation. Although
Hernando has constructed a waste disposal lagoon for his piggery, it is inadequate to contain the
waste water containing pig manure, and it often overflows and inundates Lauro’s plantation. This
has increased the acidity of the soil in the plantation, causing the trees to wither and die. Lauro sues
for damages caused to his plantation. Hernando invokes his right to the benefit of a natural
easement in favor of his higher estate, which imposes upon the lower estate of Lauro the obligation
to receive the waters descending from the higher estate. Is Hernando correct? (10%)

Q7: Explain the different modes of acquiring ownership and give examples for each.(10%)