Article 477

Article 477
The plaintiff must either have the legal ownership or the equitable ownership. Otherwise the action will not prosper. The plaintiff maybe in possession or not in possession.The differences in effects are:if plaintiff is in possession;period does not prescribed, only rights is to remove or prevent cloud. If plaintiff is out of possession; the period prescribes, aside from being given the right to remove or prevent cloud, he may also bring the ordinary actions of ejectment, publiciana or reivindicatoria within the proper prescriptive periods. The question who maybe the plaintiff, with my brothers authority and as a result of a trust agreement, registered the land of my brother in my name.Neither of us in actual possession, who may bring an action to quiet title against.For example, a stranger the answer would be my brother or me, since my brother has the equitable title, while i have the legal title.Neither us needs possession before the action is brought.