Action For Reconveyance Based On Implied Trust

Category: Obligations and Contracts

Action For Reconveyance Based On Implied Trust

An action for reconveyance of registered land based on implied trust prescribes in 10 years, the point of reference being the date of registration of the deed or the date of the issuance of the certificate of title over the property. This is especially if the plaintiff is in possession of the property at the time of the filing of the complaint that the 10 – year prescriptive period applies only when the person enforcing the trust is not in possession of the property. If a person claiming to be its owner is in actual possession of the property, the right to seek reconveyance, which in effect seeks to quiet title to the property, does not prescribe. The reason is that the one who is in actual possession of the land claiming to be its owner may wait until his possession is disturbed or his title is attacked before taking steps to vindicate his right. 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. (Mendizabel, et al. vs. Apao, et al., G.R. No. 143185, February 20, 2006).