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Philippine Bar review · Question

Practice question: Right of Way

Multiple Choice Hard

Practice question

An owner proves all requirements for a compulsory right of way, including isolation not caused by the owner's acts and willingness to pay proper indemnity. Route A is shorter but would seriously disrupt the servient estate. Route B is longer and is established to be the least prejudicial suitable route. The owner insists that distance alone requires Route A. Which conclusion follows from Article 650?
  1. Route A must be selected solely because it is shorter.
  2. Route B should be selected under the least-prejudice rule.
  3. The owner may occupy both routes without proceedings.
  4. The servient estate loses ownership of its entire property.
  5. The owner may refuse indemnity because Route B is longer.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 649–650.

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