Practice question
A permanent compulsory right of way served an isolated estate. Its owner later joins the estate to another parcel abutting a public highway, and the highway substantially meets the estate's needs. The servient owner offers to return the indemnity received and demands extinguishment. The dominant owner argues that a compulsory easement can never end. Which is correct?
- The easement is perpetual under every circumstance.
- Extinguishment requires transfer of the entire dominant estate.
- The servient owner may demand extinguishment under Article 655 with return of the indemnity received.
- The servient owner may keep the indemnity and demand extinguishment on these facts without returning it.
- A public-highway connection is legally irrelevant.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 655.
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