Practice question
After a transfer within the Article 652 setting, it is the grantor’s retained land that becomes isolated. In a case other than the donor exception, the grantor argues that the transferee must provide passage without indemnity because the grantor once owned both parcels. Apply Article 653.
- The grantor may demand the qualifying way after paying indemnity; former common ownership alone does not erase that requirement
- Every grantor receives a free way
- Only the transferee may ever be isolated
- The grantor automatically owns a strip of the transferred land
- The transfer must always be rescinded
Legal references
- Civil Code, Articles617,631,639-647,652-657,658-673 and688-693: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
Answer this question in flashcards to review your response and continue practicing.