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    Castro v. Monsod. GR 183719, Feb. 2, 2011, 641 SCRA 486

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    Gia Dimayuga
    The respondent filed an adverse claim over 65 square meters of the petitioner's property to assert a legal easement of lateral and subjacent support. The court ruled that an annotation of the easement was not necessary as the easement exists whether annotated or not. The court also issued a permanent injunction preventing the petitioner from making excavations that could injure the respondent's property. While the respondent was seeking judicial recognition of the easement over the portion near the property boundary for support, easements can only be established by law or by will of the owners, not by courts. Therefore, the court could not impose the easement but could declare its existence if real.

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    Castro v. Monsod. GR 183719, Feb. 2, 2011, 641 SCRA 486

    Uploaded by

    Gia Dimayuga
    77 views1 page
    The respondent filed an adverse claim over 65 square meters of the petitioner's property to assert a legal easement of lateral and subjacent support. The court ruled that an annotation of the easement was not necessary as the easement exists whether annotated or not. The court also issued a permanent injunction preventing the petitioner from making excavations that could injure the respondent's property. While the respondent was seeking judicial recognition of the easement over the portion near the property boundary for support, easements can only be established by law or by will of the owners, not by courts. Therefore, the court could not impose the easement but could declare its existence if real.

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    305. Castro v. Monsod. GR 183719, Feb. 2, 2011, 641 SCRA 486

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    The respondent filed an adverse claim over 65 square meters of the petitioner's property to assert a legal easement of lateral and subjacent support. The court ruled that an annotation of the easement was not necessary as the easement exists whether annotated or not. The court also issued a permanent injunction preventing the petitioner from making excavations that could injure the respondent's property. While the respondent was seeking judicial recognition of the easement over the portion near the property boundary for support, easements can only be established by law or by will of the owners, not by courts. Therefore, the court could not impose the easement but could declare its existence if real.

    Copyright:

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

    Castro v. Monsod. GR 183719, Feb. 2, 2011, 641 SCRA 486

    Uploaded by

    Gia Dimayuga
    The respondent filed an adverse claim over 65 square meters of the petitioner's property to assert a legal easement of lateral and subjacent support. The court ruled that an annotation of the easement was not necessary as the easement exists whether annotated or not. The court also issued a permanent injunction preventing the petitioner from making excavations that could injure the respondent's property. While the respondent was seeking judicial recognition of the easement over the portion near the property boundary for support, easements can only be established by law or by will of the owners, not by courts. Therefore, the court could not impose the easement but could declare its existence if real.

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    © All Rights Reserved
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    305. Castro v. Monsod, GR 183719, Feb.

    2, 2011, 641 SCRA 486

    FACTS

    Petitioner is the registered owner of a parcel of land located on Garnet Street, Manuela
    Homes, Pamplona, Las Piñas City, and covered by Transfer Certificate of Title (TCT)
    No. T-36071, with an area of one hundred thirty (130) square meters (sq.m.).
    Respondent, on the other hand, is the owner of the property adjoining the lot of
    petitioner, located on Lyra Street, Moonwalk Village, Phase 2, Las Piñas City. There is a
    concrete fence, more or less two (2) meters high, dividing Manuela Homes from
    Moonwalk Village. On February 29, 2000, respondent caused the annotation of an
    adverse claim against sixty-five (65) sq.m. of the property of petitioner covered by TCT
    No. T-36071. The adverse claim was filed without any claim of ownership over the
    property. Respondent was merely asserting the existing legal easement of lateral and
    subjacent support at the rear portion of his estate to prevent the property from
    collapsing, since his property is located at an elevated plateau of fifteen (15) feet, more
    or less, above the level of petitioner’s property.

    ISSUE

    Whether or not the easement needs to be annotated as an adverse claim?

    RULING

    No. The Court sustains the CA in declaring that a permanent injunction on the part of
    petitioner from making injurious excavations is necessary in order to protect the interest
    of respondent. However, an annotation of the existence of the subjacent and lateral
    support is no longer necessary. It exists whether or not it is annotated or registered in
    the registry of property. A judicial recognition of the same already binds the property
    and the owner of the same, including her successors-in-interest. Otherwise, every
    adjoining landowner would come to court or have the easement of subjacent and lateral
    support registered in order for it to be recognized and respected.

    In reality, what respondent is claiming is a judicial recognition of the existence of the


    easement of subjacent and lateral support over the 65 sq. m. portion of petitioner’s
    property covering the land support/embankment area. His reason for the annotation is
    only to prevent petitioner from removing the embankment or from digging on the
    property for fear of soil erosion that might weaken the foundation of the rear portion of
    his property which is adjacent to the property of petitioner. An easement or servitude is
    an encumbrance imposed upon an immovable for the benefit of another immovable
    belonging to a different owner. There are two kinds of easements according to source.
    An easement is established either by law or by will of the owners. The courts cannot
    impose or constitute any servitude where none existed. They can only declare its
    existence if in reality it exists by law or by the will of the owners. There are therefore no
    judicial easements

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