Practice question
A neighbor fences its own lot when no easement over it exists. The enclosure is otherwise lawful and proper. Tenants of the adjoining lot leave, causing lost rent. What does Custodio indicate about a tort claim based solely on that loss?
- The adjoining owner automatically owns the fenced strip
- The loss automatically proves abuse of right
- The fence necessarily creates criminal liability
- The loss may be damnum absque injuria
- The neighbor must guarantee all rent
Legal references
- Civil Code, Articles 6, 19-21, 27, 32, 430, 1144-1155, 1757-1758 and 2034: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Custodio v. Court of Appeals, G.R. No. 116100, February 9, 1996, MAIN decision: https://lawphil.net/judjuris/juri1996/feb1996/gr_116100_1996.html
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