What does it mean when you own a property? Ownership means exclusivity, enjoyment, and control. It means that you have an independent right of exclusive enjoyment and control of a thing to…
Tag: Property
Test of Genuineness of Handwriting
Not formation and visual inconsistencies but the resemblance of characters; in general character; impressed by involuntary, unconscious, permanent. – Spouses Eduarte vs. CA
Notarial Prohibition
A document that commences the 10 years prescription of a negative easement; It is a notice that officially prohibits the owner of a servient estate from obstructing light and view.
Cortes vs. Yu-Tibo Digest
My Title: My Windows Were Covered by My Neighbor Facts The house of the plaintiff Maximo in Calle Rosario, house No. 65, has certain windows therein, through which it receives light and…
Continuous vs. Discontinuous Easements
Element Continuous Discontinuous Use Incessant Intervals or intermittent Usage by human interruption No Yes Establishment Human action Human action Exercise No human action Needs human action Example The easement of drainage, and…
Jabonete vs. Monteverde Digest
“The Right of Way that Did Not Transfer to the Next Owner” Facts On May 12, 1954, Antonio Legaspi received a copy of CFI Davao decision entitled Jabonete v. Monteverde et al. dated Mar 11,…
Mayorazgo
is the right to succeed to the property left upon the condition that it be preserved perpetually intact in the family and that it be transmitted in order of succession to each…
Rizal Cement v. Villareal Digest
“A True Owner Reacts” Facts Private (R) Villlareal et. al. filed with CFI Rizal Application for Registration, alleging that they acquired the two agricultural lands by purchase from spouses Cervo, no encumbrance,…
Leung Yee v. Strong Machinery Co. Digest (1918)
“Registering a Property in Bad Faith” G.R. No. L-11658, Feb. 15, 1918 LEUNG YEE, plaintiff-appellant, vs. FRANK L. STRONG MACHINERY COMPANY (machinery) and J. G. WILLIAMSON, defendants-appellees. 3rd party: CAF = Compania…
Berkenkotter vs. Cu Unjieng Digest (1935)
“A Loan that Became Real Property” Facts Mabalacat Sugar Central (MS Co) decided to improve its sugar cane mill, so it borrowed money from Mr. Berkenkotter. In exchange, MS Co mortgaged the…
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