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0 tracked cards Civil Law and Land Titles and Deeds
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A sells to B a beachfront lot (immovable). They execute a written deed of sale and B immediately moves into a house on the lot, fences the perimeter, and begins planting vines. They do not register the deed with the Registry of Deeds. After six months, B asserts ownership by virtue of tradition and seeks to eject A. Unknown to them, there is a previously perfected and duly registered mortgage on the land in favor of Bank X, evidenced by a public instrument and filed in the Registry of Deeds, which predates the sale. (a)State the doctrine of tradition and its scope. (b)Distinguish the rule for movables versus immovables with respect to transferring ownership. (c)Apply to the facts: who owns the land, and why? What are the implications for B’s possessory rights and for Bank X’s registered mortgage?

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