Practice question
A deed grants an unconditional voluntary right of way. The same path originally also satisfied necessity. An adequate new road later opens, and no other extinction ground is established. Which is correct under Castro?
- The grant automatically disappears
- Necessity is the only possible basis for every grant
- The dominant owner must surrender without examining the title
- The grant-based right survives termination of necessity on the stipulated facts
- The servient owner may choose any extinguishment date
Legal references
- Spouses Castro v. Spouses Esperanza, G.R. No.248763, March 11, 2020, main decision, voluntary grant and alternate outlet: https://lawphil.net/judjuris/juri2020/mar2020/gr_248763_2020.html
- 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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