Practice question
An owner wants to erect a fence across an established, valid right of way over the property solely to exclude its lawful users. Which rule applies?
- Ownership always extinguishes the easement
- A fence is allowed only if it does not prejudice existing servitudes
- The owner may disregard the easement after posting a sign
- Every fence transfers ownership to the easement holder
- A private agreement can never establish a servitude
Legal references
- Civil Code Articles 427–434: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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