Civil Law, 2011 Bar — Question 94

MULTIPLE CHOICE

An action for reconveyance of a registered piece of land may be brought against the owner appearing on the title based on a claim that the latter merely holds such title in trust for the plaintiff. The action prescribes, however, within 10 years from the registration of the deed or the date of the issuance of the certificate of title of the property as long as the trust had not been repudiated. What is the exception to this 10-year prescriptive period? A) When the plaintiff had no notice of the deed or the issuance of the certificate of title. B) When the title holder concealed the matter from the plaintiff. C) When fortuitous circumstances prevented the plaintiff from filing the case sooner. D) When the plaintiff is in possession of the property.

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