Philippine Bar review · Topic
Damnum Absque Injuria
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- Does proof that tenants left an apartment necessarily establish wrongful interference by a neighboring landowner?
- A neighbor fences its own lot when no easement over it exists. The enclosure is otherwise lawful and proper. Tenants of…
- A court later grants a compulsory passage after payment of just compensation. Does that alone entitle the beneficiary t…
- An owner invokes Custodio after deliberately obstructing a valid, existing easement. The claimant proves breach of that…
- An adjoining owner proves lost rental income after a lawful fence is built. At that time no easement existed, no indepe…
- Explain the distinction between a compensated compulsory passage and tort damages for prior fencing in Custodio.
- An owner blocks a constituted easement and relies on the lawful-enclosure reasoning in Custodio. Explain the material d…
- Why does a neighboring landlord’s proved rental loss not alone establish that a lawful fence is tortious?