Miyerkules, Oktubre 5, 2011
Article 478
Two instances where the action may be used, two cases are mentioned in this article.When the contract has ended for example, X was given by Y the right of ownership over a piece of land for 5 years. At the end of that time if X insist on his continued ownership , Y maybe bring action to quiet title. In one case, a piece of land was given to husband and wife on condition that its the wife later on deserts unjustifiably the husband , the latter would be the sole owner threof. The wife after a few months deserted unjustifiably the husband, but insisted on her co-ownership. The husband may now bring the action because the resolutory condition has been fulfilled. B,when the action is barred by extinctive prescription for example, A possessed B’s land in bad faith adversely publicly, and continuously for 30 years. A is now therefore the owner. If B still insist on his ownership, he may be bring the action to quiet title. In this case, B can really not recover the land anymore from A.
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