Philippine Bar review · Question

Practice question: Party Wall

Multiple Choice Hard

Practice question

One adjoining building has four storeys and the other two. A claimant relies solely on Article 659’s building-wall presumption to assert common ownership of every upper portion, with no additional title or proof. Which is best?
  1. The statutory presumption reaches the point of common elevation; the higher portion needs its own legal basis
  2. The shorter building automatically owns the entire taller building
  3. The presumption has no elevation limit
  4. Every upper wall is public property
  5. Only the larger floor area matters

Legal references

  • Civil Code, Articles617,631,639-647,652-657,658-673 and688-693: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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