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AllBar 2024CIVIL LAWIV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONSH. Easements, Easement of Right of Way (Civil Code, arts. 613-619 and 649-657)

Question

IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
Topic: Easements

Consider the following scenario:

Andrew owns a property located in a landlocked area, surrounded by other properties. In order to have access to the main road, Andrew and his neighboring property owners entered into an agreement to establish an easement of right of way. The agreement was duly executed and registered with the appropriate government office.

However, a dispute arises between Andrew and one of his neighboring property owners, Ben, regarding the enforcement and exercise of the easement of right of way. Ben, who has been using a different route for his access to the main road, argues that the easement is no longer necessary and demands that Andrew closes the easement path that passes through his property.

In light of the given scenario and the provisions of the Civil Code, answer the following question:

  1. Can Ben demand the closure of the easement path? Explain your answer with reference to the relevant provisions of the Civil Code.
  2. What are the remedies available to Andrew if Ben refuses to comply with the easement agreement? Discuss.



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