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 right to support beam on another’s wall Right of way because easement is only exercised when someone walks on it Aqueduct Yes, by […]
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, 1954 that he acquired the lot in question with the knowledge that an easement of right of way existed thereon (CFI Davao Mar […]
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