Practice question
A dominant lot enjoying a defined easement is divided between siblings. One sibling proposes moving its place of use and adding a substantially heavier use for another, unrelated lot, arguing that indivisibility permits any expansion. Which conclusion follows?
- Indivisibility authorizes every heavier use
- Division makes all original users trespassers
- Each divided dominant portion may use the easement in its entirety within the established limits, without relocation or added burden; unrelated land cannot claim the original benefit merely through that owner
- Every sibling acquires ownership of the servient strip
- The servient owner must accept any newly purchased beneficiary lot
Legal references
- Civil Code, Articles 618 and 626: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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