Philippine Bar review · Question

Practice question: Damnum Absque Injuria

Multiple Choice Easy

Practice question

Under Article 430 as applied in Custodio, may an owner ordinarily fence land without detriment to constituted servitudes?
  1. Yes
  2. Never
  3. Only if every neighbor approves
  4. Only if no building stands nearby
  5. Only if the land is publicly owned

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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