Sample Motion Complaint For Reconveyance Philippines
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FAQ
Ordinary acquisitive prescription requires possession in good faith and with just title for ten (10) years. In extraordinary prescription ownership and other real rights over immovable property are acquired through uninterrupted adverse possession thereof for thirty (30) years without need of title or of good faith.
Should that be the case, the applicable provisions are Articles 1390 and 1391 of the Civil Code. Thus, an action for reconveyance and cancellation of title prescribes in 10 years from the time of the issuance of the Torrens title over the property.
California Civil Code section 2941 (b)(1) requires the beneficiary, upon payoff, to ?execute and deliver to the trustee the original note, deed of trust, request for a full reconveyance?.? The trustee then executes and records the full reconveyance within 21 days of receipt of the documents from the beneficiary, ...
If property is acquired through mistake or fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust for the benefit of the person from whom the property comes. The law creates the obligation of the trustee to reconvey the property and its title in favor of the true owner.
An action for reconveyance based on implied or constructive trust prescribes in ten years from the alleged fraudulent registration or date of issuance of the certificate of title over the property.
