Practice question
An owner invokes Custodio after deliberately obstructing a valid, existing easement. The claimant proves breach of that servitude and resulting damage. Is the owner’s general power to fence enough to establish damnum absque injuria?
- No; the fencing right is expressly subject to constituted servitudes
- Yes, fences always override easements
- Yes, ownership eliminates all limits
- Yes, prior rights never matter
- Yes, every obstruction is damage without wrong
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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