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    Bracewell V CA

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    Gillian Calpito
    The applicant claimed title to land through adverse possession since 1908, but the court ruled this was not possible because the land was not classified as alienable until 1972. Under the law, adverse possession can only apply to land classified as alienable, so any possession before 1972 did not qualify for a grant of title. The court found the applicant did not prove the land was alienable public land and could not claim title based on possession prior to the 1972 classification.

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    Bracewell V CA

    Uploaded by

    Gillian Calpito
    85 views1 page
    The applicant claimed title to land through adverse possession since 1908, but the court ruled this was not possible because the land was not classified as alienable until 1972. Under the law, adverse possession can only apply to land classified as alienable, so any possession before 1972 did not qualify for a grant of title. The court found the applicant did not prove the land was alienable public land and could not claim title based on possession prior to the 1972 classification.

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    The applicant claimed title to land through adverse possession since 1908, but the court ruled this was not possible because the land was not classified as alienable until 1972. Under the law, adverse possession can only apply to land classified as alienable, so any possession before 1972 did not qualify for a grant of title. The court found the applicant did not prove the land was alienable public land and could not claim title based on possession prior to the 1972 classification.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    85 views1 page

    Bracewell V CA

    Uploaded by

    Gillian Calpito
    The applicant claimed title to land through adverse possession since 1908, but the court ruled this was not possible because the land was not classified as alienable until 1972. Under the law, adverse possession can only apply to land classified as alienable, so any possession before 1972 did not qualify for a grant of title. The court found the applicant did not prove the land was alienable public land and could not claim title based on possession prior to the 1972 classification.

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    © All Rights Reserved
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    Bracewell v CA

    The applicant must prove that the land is alienable public land. The
    subject parcels of land were only classified as alienable or disposable on
    March 27, 1972. Even granting that petitioner and his predecessors-in-
    interest had occupied the same since 1908, he still cannot claim title
    thereto by virtue of such possession since the subject parcels of land were
    not yet alienable land at that time nor capable of private appropriation.
    The adverse possession which may be the basis of a grant of title or
    confirmation of an imperfect title refers only to alienable or disposable
    portions of the public domain.

    Prior to March 27, 1972, when the subject parcels of land were
    classified as inalienable or indisposable, therefore, the same could not be
    the subject of confirmation of imperfect title. There can be no imperfect
    title to be confirmed over lands not yet classified as disposable or
    alienable.

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