2018 Civil Law, Q14

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 annotation of an adverse claim against 50 sq. m. on Lot A’s Transfer Certificate of Title, asserting the existence of a legal easement.
(a) Does a legal easement in fact exist? If so, what kind? (2.5%)
(b) If a legal easement does in fact exist, is an annotation of an adverse claim on the title of the servient estate proper? (2.5%)

Quick check

Under Article 684 of the Civil Code, what is prohibited regarding excavations on a landowner's property?

Under Section 70 of P.D. 1529, what is required to validly annotate an adverse claim on a land title?

According to the Supreme Court ruling in Castro v. Monsod, how do legal easements bind third parties?

Why was Segunda's annotation of an adverse claim on Socorro's Lot A title legally improper?

Choices available with full access.

What is the proper legal remedy for a landowner whose property is threatened by a neighbor's excavation?

Choices available with full access.

Unlock the full Civil Law answers

Learn more about these topics

1. Lateral Subjacent Support
Under Article 684 of the Civil Code, no proprietor shall make such excavations upon his land as to deprive any adjacent land or building of sufficient lateral or subjacent support. This legal easement is created by operation of law to preserve the physical stability and structural integrity of adjoining properties. A landowner is prohibited from altering, excavating, or removing soil and support structures if doing so causes or threatens to cause the slumping, collapse, or subsidence of an adjoining higher or lower lot.

2. Adverse Claim Annotation
Under Section 70 of Presidential Decree No. 1529, an adverse claim is a notice intended to apprise third persons that a party claims an interest, right, or title in registered real property adverse to the registered owner. An adverse claim requires a claim of ownership or proprietary interest in the land itself. A claim asserting a legal easement does not constitute an adverse claim under P.D. 1529, because an easement is a mere encumbrance and limitation on ownership rather than a claim of title.

3. Legal Easement Automaticity
Under the doctrine established in Castro v. Monsod, legal easements established by law exist independently of any registration or annotation on the Transfer Certificate of Title of the servient estate. A legal easement of lateral and subjacent support binds all subsequent owners and third parties automatically by operation of law. Consequently, annotating an adverse claim on the title of the servient estate to enforce a legal easement is procedurally improper, unnecessary, and legally void.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026