Philippine Bar review · Question

Practice question: Voluntary Easements

Multiple Choice Hard

Practice question

A valid voluntary-easement title expressly provides that the right ends upon a specified event, and that lawful condition occurs. The dominant owner argues voluntary easements can never terminate because Castro protected a grant after necessity ended. Which is correct?
  1. Article 631 recognizes fulfillment of a valid terminating condition; Castro does not make every grant unconditional or indestructible
  2. Every voluntary easement is eternal despite its title
  3. No condition may ever be included
  4. Only the width matters
  5. The event automatically transfers both estates

Legal references

  • Civil Code, Articles617,631,639-647,652-657,658-673 and688-693: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • 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

Answer this question in flashcards to review your response and continue practicing.