I

Distinguish positive and negative easements. (5%)

II

Wingel was the owner of an agricultural land with no access to a public road. She
had been passing through the land of Maldita with the latter's acquiescence for over 20
years. Subsequently, Wingel subdivided her property into 20 residential lots and sold
them to different persons. Maldita blocked the pathway and refused to let the buyers pass
through her land.

a) Did Wingel acquire an easement of right of way? Why or why not? (5%)

b) What are the rights of the lot buyers, if any? Explain. (5%)

III

Distinguish apparent and non-apparent easements. (5%)

IV

Tomas Encarnacion's 3,000 square meter parcel of land, where he has a plant
nursery, is located just behind Aniceta Magsino's two hectare parcel land. To enable
Tomas to have access to the highway, Aniceta agreed to grant him a road right of way a
meter wide through which he could pass. Through the years Tomas' business flourished
which enabled him to buy another portion which enlarged the area of his plant nursery.
But he was still landlocked. He could not bring in and out of his plant nursery a jeep or
delivery panel much less a truck that he needed to transport his seedlings. He now asked
Aniceta to grant him a wider portion of her property, the price of which he was willing to
pay, to enable him to construct a road to have access to his plant nursery. Aniceta refused
claiming that she had already allowed him a previous road right of way. Is Tomas entitled
to the easement he now demands from Aniceta? (10%)

Distinguish continuous and discontinuous easements. (5%)

VI
 Lauro owns an agricultural land planted mostly with fruit trees. Hernando owns an
adjacent land devoted to his piggery business, which is two (2) meters higher in
elevation. Although Hernando has constructed a waste disposal lagoon for his piggery, it
is inadequate to contain the waste water containing pig manure, and it often overflows
and inundates Lauro’s plantation. This has increased the acidity of the soil in the
plantation, causing the trees to wither and die. Lauro sues for damages caused to his
plantation. Hernando invokes his right to the benefit of a natural easement in favor of his
higher estate, which imposes upon the lower estate of Lauro the obligation to receive the
waters descending from the higher estate. Is Hernando correct? (10%)

VII

Properties obtained by the Government through escheat proceedings are prohibited

to be alienated to private individuals. Why or why not? (5%)

VIII

Emma bought a parcel of land from Equitable - PCI

Bank, which acquired the same from Felisa, the original owner. Thereafter,
Emma discovered that Felisa had granted a right of way over the land in favor of the land
of Georgina, which had no outlet to a public highway, but the easement was not
annotated when the servient estate was registered under
the Torrens system. Emma then filed a complaint for cancellation of the right of way, on
the ground that it had been extinguished by such failure to annotate. How would you
decide the controversy? (10%)

IX

A. What are the kinds of public property? Explain each briefly. (5%)

B. What are properties of private ownership? Explain each briefly. (5%)

Ayala y Cia owned a big tract of land in Macabebe, Pampanga, the Hacienda San
Esteban. To provide access to different parts of the property, the company dug
interlinking canals, which through erosion, gradually acquired the characteristics of
rivers. The company sold part of the Hacienda to Santos, who closed some of the canals
and converted them into fishponds. The residents of the surrounding barangays
complained that the closure deprived them of their means of transportation, as well as of
their fishing grounds. May the canals be ordered open? Why or why not? (10%)
 XI

The Bayanihan Village in Iligan City was constructed for the victims of the
Typhoon Sendong. Is this a property for public use or for public service? Why? (5%)

XII

David is the owner of the subdivision in Sta. Rosa, Laguna, without an access to
the highway. When he applied for a license to establish the subdivision, David
represented that he will purchase a rice field located between his land and the highway,
and develop it into an access road. But. when the license was already granted, he did not
bother to buy the rice field, which remains unutilized until the present. Instead, he chose
to connect his subdivision with the neighboring subdivision of Nestor, which has an
access to the highway. Nestor allowed him to do this, pending negotiations on the
compensation to be paid. When they failed to arrive at an agreement, Nestor built a
wall across the road connecting with David's subdivision. David filed a complaint in
court, for the establishment of an easement of right of way through the subdivision of
Nestor which he claims to be the most adequate and practical outlet to the highway. What
are the requisites for the establishment of a compulsory easement of a right of way?
(10%)

XIII

Explain the legal consequences of “nemo dat quod non habet”. (5%)

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