476

action to quiet to title

equitable title
defendant claims an interest that clouds plaintiff's title
instrument is shown to be in fact, invalid
suitor (need not be in possession)

action to remove a cloud = present adverse claim

quieting of title = preventive action

Nature of action
1. suit quasi in rem = neither in rem or personam
an action in personam concerning a real property

quasi in rem = individual is named the defendant

conclusive only between parties

res is in court's jurisdiction

2. grounded on equity, action of non-inferennce

3. action of declaratory relief

4. action of reconveyance 10 year prescription

ordinary civil action

quieting = special proceeding

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Benefits
1. prompt and adequate method to remove cloud
2. promotes improvement of property

applicable"
real property
certain personal prperty because of registration

plaintiff in possession
action to quiet title is imprescriptible
undisturbed possesson gives a continuing right to seek the aid of court of equity

not in possession: within prescriptive period of 10 or 30 years

depending on ordinary or extraordinary prescription

477
plaintiff must have legal or equitable title, no possession needed

title = claim, right or interest , different from certificate of title

legal title can be full or naked ownership

478 action to quiet title even if instrument or contract has been extinguished

479 plaintiff must return all benefits that have redounded to his benefit

480 general law on the quieting title are hereby adpted as long as they are not in
conflict with this code
481 procedure for the quieting of the title or removal of cloud shall be governed
by RoC