Laws-presentation.pptx

Socorro is the registered owner of Lot A while Segunda is the registered owner of the adjoining Lot B. Lot A is located at an elevated plateau of about 15 feet above the level of Lot B. Since Socorro was allegedly removing portions of the land and cement that supported the adjoining property, Segunda caused the anotation o adverse claim agaunst 50 sq. m. on

Lot's A Transefer Certificte of Title, asserting the existence of a legal easement.

ISSUE a. Does a legal easement in fact exist? If so, what kind? b. If a legal easement does in fact exist, is an annotation of an adverse claim on the title of the servient is estate proper?

HELD Easement on lateral and subjacent support exists since the adjoining lands are above and below. Lot B is entitled by law to the lateral support of adjoining lands. This right to support is subject to the right of lot A to excavate his property for the purposes of construction and improvement. In other words, Lot B has the right to lateral support from Lot A but lot A do have the right to excavate their land given that he/she will follow certain conditions but in this case, Socorro, the owner of lot A ignored some conditions. Socorro wasn’t able to give reasonable notice to the owner of lot B.

Since legal easement is present , it should have been the right of both landowner, but it’s not a guarantee that an excavating landowner is free from liability if damage was done to the adjoining land. According to Article 684 of Section 9. No proprietor shall make such excavations upon his land as to deprive any adjacent land or building of sufficient lateral or subjacent support. And Article 685 also says that any stipulation or testamentary provision allowing excavations that cause danger to an adjacent land or building shall be void. So, this two articles justify the complain of Segunda against the owner of Lot A, Socorro.

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