Practice question
One person buys several surrounding parcels but not the dominant estate or the separately owned servient footpath. The buyer claims merger automatically extinguishes the established voluntary passage merely because most nearby land is now owned together. Which is correct?
- Ownership of any nearby parcel is merger
- Article 631 requires ownership of the dominant and servient estates to merge in the same person; surrounding ownership alone is insufficient
- Every purchase cancels every easement
- Only the largest parcel counts
- The buyer may declare the footpath nonexistent
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.