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2005 Bar Questions

Don owned agricultural land with no road access that he used a pathway over Ernie's land for over 20 years to access. Don subdivided his land into lots and sold them. Ernie then blocked the pathway, preventing access. Don likely acquired an easement right of way over Ernie's land, and the lot buyers would have rights to use the easement. In an ejectment case filed by Don against Cesar, Cesar can ask for cancellation of Don's title if Cesar can prove he is the rightful owner. The examples given would be classified as follows: a) a squatter's hut is a private nuisance; b) a swimming pool is not a nuisance; c) a

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Jenyvie Nagtalon
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163 views1 page

2005 Bar Questions

Don owned agricultural land with no road access that he used a pathway over Ernie's land for over 20 years to access. Don subdivided his land into lots and sold them. Ernie then blocked the pathway, preventing access. Don likely acquired an easement right of way over Ernie's land, and the lot buyers would have rights to use the easement. In an ejectment case filed by Don against Cesar, Cesar can ask for cancellation of Don's title if Cesar can prove he is the rightful owner. The examples given would be classified as follows: a) a squatter's hut is a private nuisance; b) a swimming pool is not a nuisance; c) a

Uploaded by

Jenyvie Nagtalon
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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2005 Bar Questions 1. Don was the owner of an agricultural land with no access to a public road.

He had been passing through the land of Ernie with the latter's acquiescence for over 20 years. Subsequently, Don subdivided his property into 20 residential lots and sold them to different persons. Ernie blocked the pathway and refused to let the buyers pass through his land. a. Did Don acquire an easement of right of way? Explain. (2%) b. What are the rights of the lot buyers, if any? Explain. (2%) 2. Ejectment Suit vs. Cancellation of Title (2005) In an ejectment case filed by Don against Cesar, can the latter ask for the cancellation of Don's title considering that he (Cesar) is the rightful owner of the lot? Explain. (2%) 3. Nuisance; Public Nuisance vs. Private Nuisance (2005) State with reason whether each of the following is a nuisance, and if so, give its classification, whether public or private: Article 694 of the Civil Code defines nuisance as any act, omission, establishment, business, condition or property, or anything else which injures or endangers the health or safety of others, or annoys or offends the senses, or shocks, defies or disregards decency or morality or obstructs or interferes with the free passage of any public highway or street or any body of water or hinders or impairs the use of property. It is a public nuisance if it affects a community or neighbourhood or any considerable number of persons. It is a direct encroachment upon public rights or property which results injuriously to the public. It is a private nuisance, if it affects only a person or small number of persons. It violates only private rights. a. b. c. d. e. A squatter's hut (1%) A swimming pool (1%) A house of prostitution (1%) A noisy or dangerous factory in a private land (1%) Uncollected garbage (1%)

4. Forgery; Innocent Purchaser; Holder in Bad Faith (2005) Rod, the owner of an FX taxi, found in his vehicle an envelope containing TCT No. 65432 over a lot registered in Cesars name. Posing as Cesar, Rod forged Cesar's signature on a Deed of Sale in Rod's favor. Rod registered the said document with the Register of Deeds, and obtained a new title in his name. After a year, he sold the lot to Don, a buyer in good faith and for value, who also registered the lot in his name. a. Did Rod acquire title to the land? Explain. (2%) b. Discuss the rights of Don, if any, over the property. (2%)

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