Practice question
An owner blocks a constituted easement and relies on the lawful-enclosure reasoning in Custodio. Explain the material distinction.
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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