Franz was the owner of Lot E which was surrounded by four (4) lots one of which Lot C he also

so owned. He promised Ava that if she bought Lot E, he would give her a right of way in Lot C. Convinced, Ava bought Lot E and, as promised, Franz gave her a right of way in Lot C. Ava cultivated Lot E and used the right of way granted by Franz. Ava later found gainful employment abroad. On her return after more than 10 years, the right of way was no longer available to her because Franz had in the meantime sold Lot C to Julia who had it fenced. a. Does Ava have a right to demand from Julia the activation of her right of way? Explain. (2.5%) b. Assuming Ava opts to demand a right of way from any of the owners of Lots A, B, and D, can she do that? Explain. (2.5%)

Jude owned a building which he had leased to several tenants. Without informing his tenants, Jude sold the building to Ildefonso. Thereafter, the latter notified all the tenants that he is the new owner of the building. Ildefonso ordered the tenants to vacate the premises within thirty (30) days from notice because he had other plans for the building. The tenants refused to vacate, insisting that they will only do so when the term of their lease shall have expired. Is Ildefonso bound to respect the lease contracts between Jude and his tenants? Explain your answer. (3%)

Before migrating to Canada in 1992, the spouses Teodoro and Anita entrusted all their legal papers and documents to their nephew, Atty. Tan. Taking advantage of the situation, Atty. Tan forged a deed of sale, making it appear that he had bought the couples property in Quezon City. In 2000, he succeeded in obtaining a TCT over the property in his name. Subsequently, Atty. Tan sold the same property to Luis, who built an auto repair shop on the property. In 2004, Luis registered the deed of conveyance, and title over the property was transferred in his name. In 2006, the spouses Teodoro and Anita came to the Philippines for a visit and discovered what had happened to their property. They immediately hire you as lawyer. What action or actions will you institute in order to vindicate their rights? Explain fully. (4%)

2008 Anthony bought a piece of untitled agricultural land from Bert. Bert, in turn, acquired the property by forging Carlos signature in a deed of sale over the property. Carlo had been in possession of the property for 8 years, declared it for tax purposes, and religiously paid all taxes due on the property. Anthony is not aware of the defect in Berts title, but has been in actual physical possession of the property from the time he bought it from Bert, who had never been in possession. Anthony has since then been in possession of the property for one year. a) Can Anthony acquire ownership of the property by acquisitive prescription? How many more years does he have to possess it to acquire ownership? (2%) b) If Carlo is able to legally recover his property, can he require Anthony to account for all the fruits he has harvested from the property while in possession? (2%) c) If there are standing crops on the property when Carlo recovers possession, can Carlo appropriate them? (2%)

A, a co-owner of a property with B, succeeds in acquiring a Torrens title in hisown name to the property. Five years after B learned of As action, B filed an action for partition of theproperty. May A plead prescription of Bs cause of action? Explain your answer. SUGGESTED ANSWER: No, A cannot plead prescription. In the case at bar there is no showing that B hadknowledge of the acquisition of A hence the latters acquisition is obtained in fraud prejudicing the rightsof B as a co-owner. Moreover, the period of five years does not constitute adverse possession to warrant As ownership of the land. A is considered only a trustee hereof