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WOODRIDGE SCHOOL v. ARB CONSTRUCTION CO.

This case has been cited 1 times or more.

2008-02-12
NACHURA, J.
It should be remembered that to be entitled to a legal easement of right of way, the following requisites must be satisfied: (1) the dominant estate is surrounded by other immovables and has no adequate outlet to a public highway; (2) proper indemnity has been paid; (3) the isolation was not due to acts of the proprietor of the dominant estate; and (4) the right of way claimed is at the point least prejudicial to the servient estate.[18]