Practice question
A landowner excavates below its parcel and damages an established underground servitude. It claims437’s surface-and-subsoil ownership eliminates all servitude limits. Which is correct?
- 437 expressly preserves servitudes and special laws and ordinances
- Subsoil ownership overrides every servitude
- Only the excavation contractor’s preference matters
- All underground rights disappear upon excavation
- The owner may privately repeal the servitude
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles435–439; no special heritage or natural-resource law issue assumed.
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