1. X,Y, and Z are co-owners of a real property which was mortgaged to A.

X redeemed it
during the period of redemption with his personal funds. Did X become the sole owner
of the property, thereby terminating the co-ownership?
a. Yes, because his redemption vest in him sole ownership.
b. Yes, because the funds belong to him alone.
c. No, because the redemption inured to the benefit of all co-owners.
d. No, because Y and Z did not consent to the redemption.
2. A husband by chance discovered hidden treasures on the paraphernal property of his
wife, who owns the discovered treasure.
a. The half pertaining to the husband (finder) belongs to the conjugal partnership
b. The half pertaining to the wife (as owner) belongs to the conjugal partnership
c. One half shall belong to the husband as finder and the other half shall belong to
the wife as owner of the property.
d. a and b
3. Are growing crops real property?
a. Yes, for the purpose of civil law
b. No, for the purpose of criminal law
c. No, for the purpose of commercial law
d. All of the above
e. None of the above
4. Mr. X planted a mango tree at the edge of the boundary line of his (X) land with Mr. B.
After ten years branches of the mango tree encroached the air space of B. Mr. X is the
owner of the encroaching branches because…
a. of the principle “accessory follows the principal
b. the tree is planted in his (X) land
c. in accordance with the law of easement
d. All of the above
e. None of the above
5. In 1986, Jennifer and Brad were madly in love. In 1989, because a certain Picasso
painting reminded brad of her, Jennifer acquired it and placed it in his bedroom. In 1990,
Brad and Jennifer broke up. While Brad was mending his broken hearth, he met Angie
and fell in love. Because the Picasso painting reminded Angie of him, Brad in his will
bequeathed the painting to Angie. Brad died 1995. Saddened by Brad’s death, Jennifer
asked for the Picasso painting as a remembrance of him. Angie refused and claimed
that Brad, in his will, bequeathed the painting to her is Angie correct? Why or why not?
a. Yes, because the painting was owned by Brad
b. Yes, because the painting was given as Legacy to her by Brad.
c. No. because the real owner of the painting was Jennifer.
d. Yes, because the painting was given to Brad as a gift by Jennifer.
6. Which of the following instances treats a building/structure as an immovable property?
a. A building which is constructed on the land and the same is mortgaged apart
from the land on which it has been built.
b. A barong-barong built by X on his lot.
 c. A building used as security in the payment of an obligation where a chattel
mortgage is executed over it.
d. A building bought for purposes of demolishing the same.
7. A, B & C are the co-owners of a parcel of land. A constructed his house at the middle of
the property, such that, when they partitioned it, his house was found to be intruding into
the share of B. What is the right of B?
a. A can be evicted by B.
b. B can appropriate the portion of A’s house intruding into his share as A is a
builder in bad faith.
c. A may compel B to buy his house.
d. Since A is a builder in good faith, B may exercise the option to sell the land or
appropriate the improvement. (Art. 448)
8. River beds which are abandoned through the natural change in the course of the water
belong to whom?
a. Owners whose land are occupied by the new course in proportion to the area
lost.
b. Owners whose land are occupied by the bed course in proportion to the length of
the area lost.
c. Owners of the land adjoining the old bed in proportion to the area lost.
d. Owners of the land adjoining the new bed in proportion to the area lost
9. A is the owner of a parcel of land covered by TCT No. 123 located in a subdivision
property being developed by XYZ Corporation. He did not know the exact location of the
lot, hence, he consulted the developer who pointed to a lot, hence, he constructed his
house. It turned out that it was another lot covered by TCT No. 124. Is A a builder in
good faith?
a. A is a builder in bad faith because he has a title over his property.
b. A is a builder in good faith because, not being an expert he relied on the
representation of the developer.
c. A is a builder in bad faith because he should have known the boundaries of his
property and the location of the same.
d. A is a builder in bad faith because of his negligence in not asking a geodethic
engineer to determine the exact location of his property. (Rosales v. Castelfort)
10. 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?
a. It will grant the action since land is basically divisible;
b. It will dismiss because the land is so small;
c. It will dismiss because the land is so small that to divide it will render it useless
for the purpose it is intended;
d. It will grant the action otherwise, A, B and C will be deprived of their right to make
use of the property.
11. A, B, C & D are the co-owners of a parcel of land. They agreed to orally partition the
property. Is the partition valid?
a. The contract of partition is void because it was not put into writing.
 b. The contract is unenforceable because it was not put into writing.
c. The contract is valid because a contract can be in any form.
d. The contract is valid and enforceable because in matters of realty, the Statute of
Frauds governs only conveyances and leases and partition is not a lease; it is not
a conveyance but merely segregation of a property. (Vda. de Reyes v. CA)
12. Which of the following is false with regard to the prescription on action to quiet title?
a. If the plaintiff is in possession, the action to quiet title does not prescribe.
b. If the plaintiff is not in possession, it may prescribe.
c. Whether the plaintiff is in possession or not, the action to quiet title will prescribe.
13. Within what period should the owner of a property subject of avulsion recover the lost
property?
a. 2 years
b. 3 months
c. 6 months
d. 1 year
14. 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.
a. B and C can redeem the said property after paying the foreclosed amount.
b. A should pay B and C corresponding to the value of their respective share.
c. B and C may redeem the property only to the extent of their respective shares.
15. 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?
a. a. Yes, it is valid, because the right of alienation is one of his rights over the ideal
shares in the co-ownership.
b. No, it is invalid, because the consent of his co-owners is material for the sale to
be valid.
c. Yes, it is valid because the co-owners did not object when he sold his part.
d. No, it is invalid because a co-owner cannot sell his part to third person without
offering it first to his co-owners.
16. The nature of action in Quieting of Title is in personam.
a. No, because the subject of the case is always a real property.
b. No, because the decision in the case is enforceable against the whole world.
c. Yes, provided the subject is a personal property.
d. Yes, because the decision is enforceable only against the litigating parties.
e. None of the above.
17. In case of a conflict between two persons regarding the possession of a certain property,
which of the following rules is incorrect?
a. Present possessor is preferred.
b. If both are in possession, the one longer in possession shall be preferred.
c. If possession started at the same time, the one with the title is preferred.
d. The court shall determine who among the conflicting parties has the right of
possession. (Art. 438, NCC)
18. 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?
a. Yes, because of prescription and laches;
b. No, because there was no formal prohibition by means of an instrument
acknowledged before a notary public prohibiting B from obstructing his easement
of light and view;
c. No, because A did not observe the 2-meter distance between the windows since
the view is direct and the lot of B (Non-observance of the distances does not give
rise to prescription.)
d. Both B and C. (Art. 668 and 679, NCC; Cortes v. Yutivo, 2 Phil. 24; Fabie v.
Lichanco, 11 Phil. 14; Cid v. Javier, 108 Phil. 850)
19. 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?
a. B is correct because possession of a parcel of land for ten (10) years in good
faith will ripen to ownership.
b. B is correct because of laches.
c. B is wrong because an easement of right of way cannot be acquired by
prescription as while it is apparent it is not however not continuous.
d. B is correct because with the continuous use of the easement, prescription lied.
(Bogo Medillin Sugar Milling Corp. v. CA)