| 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 prescription | Date of enjoyment of easement | Date that owner of dominant estate prohibited the servient estate by formal act |
| Required issance | NA | Notarial prohibition |
| Example | Easement of light on a party wall or wall of another | Easement of light in one’s own wall (the servient estate cannot build at certain point) |
Montañer vs. Shari’a District Court, et al Digest
January 24, 2023
G.R. 174975, January 20, 2009 Facts After the death of Alejandro Montañer Sr., Liling and Almahleen, both muslims, filed a “complaint” for the judicial partition
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