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Question 18

2024 Bar · Civil Law · 1 sub-question

18. Sharon owned a parcel of land adjoining the sea with flat terrain at the center and elevated rocky northern part. Sharon executed a written instrument where she donated the portion with flat terrain to Nicholas who accepted it in the same instrument. After survey, Nicholas discovered that the land described in the deed of donation refers to the rocky northern portion. However, Sharon already died without correcting the mistake. Nicholas asked the heirs of Sharon to execute an amended deed of donation over the flat terrain but was refused. Nicholas filed against the heirs of Sharon an action for reformation of instrument to reflect the real intention of the parties. May the trial court compel the heirs of Sharon to reform the instrument and execute an amended deed of donation? Explain.

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