[Solved] A is the owner of a property covered by TCT No. 10. As early as 1950, he knew that his title has been transferred under the name of B, but did nothing to recover it, knowing that B has been in possession. Can he file an action to recover it today?

Q.	A is the owner of a property covered by TCT No. 10. As early as 1950, he knew that his title has been transferred under the name of B, but did nothing to recover it, knowing that B has been in possession. Can he file an action to recover it today?
A.	Yes, because the title is imprescriptible and indefeasible;
B.	Yes, because B’s title is void, hence, the action to declare it void is imprescriptible (Art. 1410, NCC);
C.	No more because of laches. While a title is imprescriptible, under certain exceptional circumstances, it may yield to the principle of laches. (Heirs of Lacamen v. Heirs of Laruan, July 31, 1985)
D.	No, because of estoppel.
Answer» C. No more because of laches. While a title is imprescriptible, under certain exceptional circumstances, it may yield to the principle of laches. (Heirs of Lacamen v. Heirs of Laruan, July 31, 1985)

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