This case has been cited 1 times or more.
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2015-01-14 |
LEONARDO-DE CASTRO, J. |
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| It is an established doctrine in land ownership disputes that the filing of an action to quiet title is imprescriptible if the disputed real property is in the possession of the plaintiff. One who is in actual possession of a piece of land claiming to be owner thereof may wait until his possession is disturbed or his title is attacked before taking steps to vindicate his right, the reason for the rule being that his undisturbed possession gives him a continuing right to seek the aid of a court of equity to ascertain and determine the nature of the adverse claim of a third party and its effect on his own title, which right can be claimed only by one who is in possession.[46] | |||||