Philippine Bar review · Question

Practice question: Ownership

Multiple Choice Hard

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?
  1. 437 expressly preserves servitudes and special laws and ordinances
  2. Subsoil ownership overrides every servitude
  3. Only the excavation contractor’s preference matters
  4. All underground rights disappear upon excavation
  5. 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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