Practice question
An adjoining owner proves lost rental income after a lawful fence is built. At that time no easement existed, no independent wrongful conduct is proved, and the later passage order requires compensation. May the court award tort damages solely to offset the beneficiary’s obligation to pay for the new easement?
- Yes, easement compensation always creates an equal tort award
- No; an independent legal basis for tort damages must be established
- Yes, financial inconvenience itself proves a legal wrong
- Yes, lost rent automatically invalidates property rights
- Yes, every easement beneficiary receives free passage
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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