Practice question
Cara plans to raise a confirmed party wall. An engineering assessment establishes that the existing wall cannot bear the increased height and that reconstruction with extra thickness is necessary. Cara demands half the reconstruction expense from her neighbor and insists that the additional thickness occupy the neighbor's land. Under Article 664, which conclusion is correct?
- Her neighbor must supply all the extra land.
- Any requested height increase automatically binds the neighbor to half the cost.
- Cara must reconstruct at her expense and supply the space for the necessary extra thickness from her own land.
- The inability of the wall to bear the height removes all duties concerning damage.
- Cara can treat the neighbor's silence as a transfer of land.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 664.
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