ACTION FOR RECONVEYANCE

Category: Land Titles And Deeds

ACTION FOR RECONVEYANCE

> Legal and equitable remedy granted to the rightful owner of the land which has been wrongfully or erroneously registered in the name of another for the purpose of compelling the latter to transfer or reconvey the land to him
> After one year from the issuance of the decree, may bring action for reconveyance of the property
> Only to show that the person who secured the registration of the questioned property is not the real owner thereof
> Seeks to transfer or reconvey the land from the registered owner to the rightful owner
> Property is deemed to be held in trust for the real owner by the person in whose name it is registered
> Section 96 is the basis of this remedy

DECREE BECOMES INCONTROVERTIBLE AFTER 1 YEAR FROM THE ISSUANCE OF DECREE

> Action for reconveyance still available as remedy
> Action in personam that it is always as long as the property has not passed to an innocent purchaser for value

RELEVANT ALLEGATIONS

1. That the plaintiff is the owner of the land
2. That the defendant has illegally disposed him of the same

ACTION FOR RECONVEYANCE IS AN ACTION IN PERSONAM

> Binding only upon the parties properly impleaded and duly heard or given an opportunity to be heard
> Directed against specific persons and seek personal judgments
> Court must have jurisdiction over the defendant

THE RTC HAS EXCLUSIVE JURISDICTION OVER AN ACTION FOR RECONVEYANCE THE OWNERS OF THE PROPERTY OVER WHICH RECONVEYANCE IS BEING SOUGHT ARE INDISPENSIBLE PARTIES WITHOUT WHOM NO RELIEF IS AVAILABLE ACTION FOR RECONVEYANCE MAY BE BARRED BY THE STATUTE OF LIMITATIONS LACHES MAY BAR RECOVERY

1. Conduct on the part of the defendant or of one under whom him or one under who he claims, giving rise to the situation of which complaint is made and for which the complainant seeks relief
2. Delay in asserting the complainant’s rights, the complainant having had knowledge or notice, or the defendant’s conduct and having been afforded an opportunity to institute a suit
3. Lack of knowledge or notice on the part of the defendant that the complainant would assert the right on which he bases his suit
4. Inquiry or prejudice to the defendant in the event the relief is afforded the complainant or the suit is not held to be barred

ACTION MAY BE BARRED BY RES JUDICATA

1. Final judgment
2. Court has competent jurisdiction
3. Between the first and second causes of action—there is identity of
parties, subject matter and causes of action

STATE IS NOT BARRED BY PRESCRIPTION PROOF OF OWNERSHIP AND IDENTITY INDISPENSIBLE

ACTION FOR DAMAGES

> Is available when the remedy of an action for reconveyance mayno longer be availed of

> When the land has passed already to the hands of an innocent
purchaser for value