Practice question
An orchard owner seeks an aqueduct for private irrigation through a neighbor’s existing garden. He can lawfully dispose of sufficient water and offers compensation, but claims that payment alone compels this particular route despite an available less onerous route. Under Articles 643-644, which conclusion is correct?
- Payment always permits this route through an existing garden
- Water availability removes all route restrictions
- The neighbor must surrender ownership of the entire garden
- A private aqueduct may cross any existing building without limitation
- The claim fails as framed: compensation alone does not overcome the existing-garden exclusion or the requirement of a most-convenient, least-onerous proposed route
Legal references
- Civil Code, Articles 642-644: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
Answer this question in flashcards to review your response and continue practicing.