A tolerated B to use his land, hence, B constructed a road where his trucks would pass through, going in and out of his land. Fifty (50) years thereafter, A asked B to pay rentals but B refused contending that he has already acquired ownership over the easement of right of way by prescription. Is B correct?

Related MCQs

• A built his house on his lot up to the boundary line and opened windows with direct view over the lot of B. Twenty (20) years later, B built his house up to the boundary line of his lot, hence, A filed a complaint enjoining B from building his house up to the boundary contending that he has acquired the easement of light and view by prescription and that B cannot build less than 3 meters from the boundary. Is A correct?
• A is the owner of a parcel of land, which is a part of a subdivision property being developed by XYZ Corporation. His lot is adjacent to the road belonging to ABC Corporation hence, he used to pass through the road going to the national highway. In 2009, ABC Corporation constructed a fence on its property, thus closing the road. Can A demand the reopening of the road?
• A & B lived together as husband and wife without the benefit of marriage. For a few months before his death, A was writing his autobiography and stated that he loved B so much and because of that, they decided to live together as husband and wife, but planned to marry. At the time he was writing his autobiography, B was pregnant and he stated in his autobiography that he was the father of the child inside the womb of B. He died without finishing it and failed to sign the same. Two (2) months thereafter, the child C, was born, hence, B sought to register the child under the name of A but the Local Civil Registrar refused, hence, she filed a suit for mandamus to compel the registrar to register the child under A’s name. She testified as narrated above; D, the father of A testified that during the lifetime of A he lived with B and she was pregnant at that time. E the brother of A likewise testified along the same line. Is the action of B correct?
• Spouses Reynaldo and Ana decided to separate and to voluntary dissolve their conjugal partnership. Hence, they executed a public document wherein they declare that they had no debts, that they were voluntarily dissolving their conjugal partnership, and that each of them would thereafter be free to acquire or dispose of any property independently of the other. Thereafter, they lived apart. Ana engaged in business which unfortunately failed. Reynaldo, on the other hand, continued to be gainfully employed and was able to acquire properties through his own efforts. The creditors of Ana obtained a judgment against the latter which they could not satisfy because Ana was insolvent. Could the creditors of Ana obtain satisfaction of the judgment out of the properties of Reynaldo?
• A is indebted to ABC Corporation in the amount of P100M. Despite efforts to collect from A, the latter failed to pay due to business reverses as he has no more assets. In order to maintain a more accurate inventory of the worth of its current assets, ABC Corp. was forced to write-off A’s obligation. One (1) year later, A won the lotto draw in the US in the amount of $100M. Learning of the good luck of A, it demanded for payment, but A refused to pay contending that his obligation was extinguished when it was written-off. Is A correct?
• A & B had an agreement for A to use B’s property as a right of way. Five (5) years later, an adequate outlet was opened to a highway near A’s property, hence, B filed an action to cancel the encumbrance of voluntary easement of right of way. The RTC granted. The CA may rule that:
• Wendy, single, bought a parcel of land in Dagupan City from Amante for P600,000.00. A contract was executed between them which already vested upon Wendy full ownership of the property, although payable in monthly installments for a period of 4 years. One year after the execution of the contract, Wendy got married to Lorenzo. They executed a marriage settlement whereby they agreed that their properties shall be governed by the regime of conjugal partnership of gains. Thereafter, subsequent installments were paid from the conjugal partnership funds. Is the land conjugal or paraphernal?
• A entered into a contract to sell over a residential lot. He has already paid more than 2 years installments. Thereafter, he failed to pay. What right does A have if the contract is cancelled?
• A is the owner of a parcel of land covered by TCT No. 1. Through an oral agreement between B & A. A agreed that the property be registered under the name of B so that he can use it in securing a loan with Metrobank. When A sought to recover the property from B, the latter refused contending that he was the owner of the same. Is the contention of B correct?
• Negative easement may be acquired by prescription through notarial prohibition.