A document that commences the 10 years prescription of a negative easement; It is a notice that officially prohibits the owner of a servient estate from obstructing light and view.
Author: Bryan Villarosa
Juris Doctor | Legal researcher, writer, and website developer.
Positive vs. Negative Easement
Elements Positive Easement Negative Easement Act of servient estate’s owner Must allow the owner of dominant estate or the latter must do something Must refrain from doing something lawful Commencement of acquisitive…
Cortes vs. Yu-Tibo Digest
My Title: My Windows Were Covered by My Neighbor Facts The house of the plaintiff Maximo in Calle Rosario, house No. 65, has certain windows therein, through which it receives light and…
Continuous vs. Discontinuous Easements
Element Continuous Discontinuous Use Incessant Intervals or intermittent Usage by human interruption No Yes Establishment Human action Human action Exercise No human action Needs human action Example The easement of drainage, and…
Jabonete vs. Monteverde Digest
“The Right of Way that Did Not Transfer to the Next Owner” Facts On May 12, 1954, Antonio Legaspi received a copy of CFI Davao decision entitled Jabonete v. Monteverde et al. dated Mar 11,…
Redhibitory Defect
Are those defects in the article sold which the seller is bound to warrant. Such defects render the thing sold as (1) unfit for the use it was intended; (2) diminish its…
Mayorazgo
is the right to succeed to the property left upon the condition that it be preserved perpetually intact in the family and that it be transmitted in order of succession to each…
Caveat Emptor
the purchaser acquires no higher or better right that the seller.
Biased Witness
when his relation to the cause or to the parties is such that he has an incentive to exaggerate or give false color to his statements, or to suppress or to pervert…
Criminal Negligence
Imprudence is an act of carelessness (reckless imprudence) which, had it been intentional, would otherwise constitute a felony (Article 365 of RPC): If grave felony: Arresto mayor max to prision correccional medium…
English