Flashcards Studio

Rico owns a seaside lot (immovable) and sells to Maya a parcel of land. They execute a public deed of sale and Maya immediately takes possession, clears a small area, and erects a fence. They do not register the deed with the Registry of Deeds. After six months, Maya asserts ownership by virtue of tradition and tries to eject Rico. Unknown to them, there is a previously perfected and duly registered mortgage on the land in favor of Bank Zenith, evidenced by a public instrument and filed in the Registry of Deeds prior to 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 Maya’s possessory rights and for Bank Zenith’s registered mortgage?