This case has been cited 3 times or more.
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2016-01-25 |
BRION, J. |
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| Article 650 of the Civil Code provides that the easement of right-of-way shall be established at the point least prejudicial to the servient estate, and, insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest. Under this guideline, whenever there are several tenements surrounding the dominant estate, the right-of-way must be established on the tenement where the distance to the public road or highway is shortest and where the least damage would be caused. If these two criteria (shortest distance and least damage) do not concur in a single tenement, we have held in the past that the least prejudice criterion must prevail over the shortest distance criterion.[9] | |||||
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2015-02-11 |
LEONEN, J. |
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| [67] Quimen v. Court of Appeals, 326 Phil. 969, 981 (1996) [Per J. Bellosillo, First Division]. | |||||
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2009-10-28 |
PERALTA, J. |
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| As defined, an easement is a real right on another's property, corporeal and immovable, whereby the owner of the latter must refrain from doing or allowing somebody else to do or something to be done on his property, for the benefit of another person or tenement.[22] | |||||