Property - Finals

As usual, I have reconstituted the questions for the Final Exams in Property under former Associate Dean TLC.

Nota Bene:

I have no longer included the questions for Items True or False; and Multiple Choice, they are quite long.

III.

State the number of co-cowners that must give their consent. (10%)

a. repairs for preservation

b. ejectment

c. alterations

d. useful improvements

e. acts of administration

IV.

A. John and Jane are the co-owners of a party wall.

1. If John constructs a window on the party wall in 1996, what is the period when Jane may close the window? Explain. (5%)

2. Would the answer be the same if John opens a window on his own wall that does not extend over the property of Jane? Explain. (5%)

B. Joey owns a parcel of land enclosed by the estates of Tommy, Sammy and Vahl. He is demanding a compulsary right of way over the property of Tommy, which was proven to be the shortest way to the public highway. Tommy contends that compulsary right of way should be over the property of Vahl, who sold Joey the property. It was proven that the right of way over Vahl's property is longer than that of Tommy, but is least prejudicial to the servient estate.

1. What are the requisites of a compulsary easement of right of way? (10%)

2. On whose property should the right of way be constituted? Explain. (5%)

V.

Distinguish. (10%)

1. Nuisance per se and nuisance per accidens.

2. Servient estate and dominant estate.

VI.

State the remedies for a public nuisance. (5%)

VII.

1. For the love, care and affection to her niece Ayn, Carolina wants to donate a 1,000 sq. m. house and lot. Advise her on the formalities in order that it become a valid donation inter vivos. (10%)

2. Rosalie was very happy because her sister Rosemarie, who was married for many years, got pregnant for the first time. Rosalie donated P100,000 in favor of the baby. They were very happy talking about it, shopping for the child's clothes. The baby was born after 7 1/2 months but died within 24 hours. 

Can Rosalie get back the P100,000? Explain. (10%)

VIII.

Belinda owns a mango tree near the property of Amalia. (10%)

1. Can Amalia get the fruits still on the branches? Explain.

2. Can Amalia cut off the branches that extends over her property? Explain.

3. Can Amalia cut off the roots that intrudes into her property? Explain.