Finals Property

I. III. IV. B. Could Billy close the pathway and refuse C.
I. IV. B. Could Billy close the pathway and refuse C. Over which property should PIolo establish his
Aljur died in… about inheritance and partition Mercy constructed a 2-storey house… windows Jan. 1, 2013, Bong sold a laptop to Kuya Kim PIolo’s passage? right of way?
between Benjie, Charlie and Dindo. Will the action facing and overlooking the adjacent lot of Nicole. which turned out to be stolen from Billy. Feb. Answer:
for partition prosper? Nicole instituted and action for closure of the 2018, when Billy discovered that his laptop was in Answer: Piolo should establish his right of
windows alleging that it violated the law on Kuya Kim’s possession, he filed replevin suit to As a general rule, an easement way at pathway B although it needs improvements
Answer: distance. recover it. Will the ction prosper? holder has a right to do "whatever is reasonably and repairs and seems to be a longer route that
Yes. According to the said law, prior convenient or necessary in order to enjoy fully the pathway A.
to the partition of the estate of the decedent, the Answer: purposes for which the easement was granted," Even assuming that the right of way
property is owned in common by the heirs. A. Can Nicole still compel Mercy for the closure of Yes, the action of Billy will prosper. as long as he or she does not place an being claimed by the respondent is not the
It is clear then that the property left said windows? There is no question that Kuya Kim is a possessor unreasonable burden on the servient land. shortest distance from the dominant estate to the
by a decedent, before the same is partitioned, is in good faith and has acquired it which equates it However in the case at bar, Billy can public highway, it is well-settled that “the criterion
owned in common by the decedent’s heirs. Thus, Answer: into a title. But despite the fact, Billy can still close the pathway and refuse Piolo’s passage. If a of least prejudice to the servient estate must
co-ownership is created. According to the law on No, Nicole cannot compel Mercy for recover the same. servient estate is unduly burdened by an prevail over the criterion of shortest distance
co-ownership, each of the co-owners may at any the closure of the said windows because she He does not need to reimburse Kuya unreasonable use of the easement, the servient although this is a matter of judicial appreciation.
time demand partition of the thing owned in made the demand for the closure after the lapse Kim the purchase price because Kuya Kim has estate holder has several potential legal remedies. In other words, where the easement
common. of the period of ten years from the opening of the not bought the laptop at a public sale. These include court orders restricting the may be established on any of several tenements
window. Her action prescribed already. dominant owner to an appropriate enjoyment of surrounding the dominant estate, the one where
V. the easement, monetary damages when the the way is shortest and will cause the least
A. Did Piolo acquire an easement of right of way? easement holder exceeds the scope of his or her damage should be chosen. If having these two
II. B. Can Mercy prohibit Nicole from erecting any Answer: rights and injures the servient estate, and in some circumstances do not concur in a single tenement,
Susan executed a deed of donation in favor of her structure that will impede her light and view? No, Piolo did not acquire an cases extinguishment of the easement. Likewise, the way which will cause the least damage should
daughter Grace… Advise Grace on whether the easement of right of way because he failed to remedies exist for interference by the servient be used, even if it will not be the shortest.
deed of donation is a donation inter vivos or mortis Answer: prove his claim that it is at the point least owner.
causa and explain the reasons in supporting your No. Mercy cannot prohibit Nicole prejudicial to the servient estate.
advice. from erecting a structure that will impede her light In order to be entitled to a legal easement of right
and view. of way he has to prove the following requisite:
Answer: Although Nicole’s right of closure
I would advise Grace that the deed prescribes, she may legally obstruct the view and (1) the property is surrounded by other
of donation executed by her mother, Susan, in her light by constructing a structure because Mercy immovables and has no adequate outlet to a
favor is a donation mortis causa. has not yet acquired the easement of view, there public highway;
Although the signed acceptance of having been no notarial prohibition. (2) proper indemnity must be paid;
Grace was effectuated while her mother is still (3) the isolation is not the result of the owner of
living, the deed complied with the formalities of a the dominant estate’s own acts;
last will and testament. It provided that it will take (4) the right of way claimed is at the
effect upon the death of Susan and that the right point least prejudicial to the servient estate; and
of disposition remains with her mother while she is (5) the distance from the dominant estate to a
still alive. public highway is the shortest.
VI. VII. VIII. X.

Owners of these things cannot be acquired by A. What are the requisites for one to be entitled to Answer: Answer:
occupation. What is it? a legal easement of right of way? Billy’s petition is meritorious. Yes the donation produces legal
A lawful business is never a effects. The law provides that if the value of the
Answer: Answer: nuisance per se. However, it can become a personal property exceeds five thousands pesos,
Swarm of bees pursued by the nuisance by reason of circumstances. A person the donation and acceptance shall be made in
owner. To be entitled to a legal easement of right of way, who conducts a business lawfully and in the best writing, otherwise it shall be void.
one has to prove the following requisites: manner practicable with a sound operation can In the case at bar, the value is less
still commit a nuisance if such operation interferes than five thousand pesos. In such amount both
Which of these statements is incorrect? (1) the property is surrounded by other unreasonably with other persons’ use and the donation and the acceptance can be made
immovables and has no adequate outlet to a enjoyment of their property. orally and does not need any other formalities.
Answer: public highway; In the case at bar, the videoke bars
The sender of the letter or other (2) proper indemnity must be paid; cannot be considered immediately as a nuisance
private communication owns such letter or (3) the isolation is not the result of the owner of unless it becomes one depending on certain
communication the dominant estate’s own acts; circumstances. Not being a nuisance per se, it
(4) the right of way claimed is at the thus cannot be prohibited by an ordinance.
Piolo donated to Angel a smartphone worth P28K. point least prejudicial to the servient estate; and
Which statement is correct? (5) the distance from the dominant estate to a
public highway is the shortest. IX.
Answer:
The donation is void and Piolo may Answer:
get the cellphone back B. Prescriptive period in acquiring ownership Yes, the contention of Iniego and
Gregorio is correct.
In order that a private person can abate a public Answer: The agreement that exceeded the
nuisance, it is necessary that he must perform the Immovables: ten-year limitation is still valid insofar as the first
folloing acts excep one; Ordinary- 10 years ten years are concerned.
Extraordinary- 30 years Since Honorio expressed his desire to have the
Answer: partition on the eighth year, he is still bound to
That the demand was rejected by Movables: upheld the agreement because it is still within the
the owner or possessor. Ordinary- 4 years ten valid years of the agreement which a partition
Extraordinary- 8 years is not allowed.

Finals Property

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I. III. IV. B. Could Billy close the pathway and refuse C.

VI. VII. VIII. X.

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