Question 14, 2018 Civil Law Bar Exam

XIV

(Question XIV, Civil Law, 2018 Bar Exam)

Socorro is the registered owner of Lot A while Segunda is the registered owner of the adjoining Lot B. Lot A is located at an elevated plateau of about 15 feet above the level of Lot B. Since Socorro was allegedly removing portions of the land and cement that supported the adjoining property, Segunda caused the annotation of an adverse claim against 50 sq. m. on Lot A’s Transfer Certificate of Title, asserting the existence of a legal easement.

(a) Does a legal easement in fact exist? If so, what kind? (2.5%)

(b) If a legal easement does in fact exist, is an annotation of an adverse claim on the title of the servient estate proper? (2.5%)

Suggested Answer:

(a) Yes. Answer

Under the Civil Code, no proprietor shall make such excavations upon his land as to deprive any adjacent land or building of sufficient lateral or subjacent support. Accordingly, there exists a legal easement for lateral and subjacent support. Rule

In the case at bar, Segunda’s property Lot B supported the adjoining property of Socorro Lot A. This created a legal easement for lateral and subjacent support on Lot B in favor of Lot A. Apply

Thus, a legal easement for lateral and subjacent support in fact exists. Conclusion

(b) No. Answer

Under jurisprudence, an annotation of the existence of the subjacent and lateral support is no longer necessary. It exists whether or not it is annotated or registered in the registry of property. Rule

In the case at bar, the fact that Lot A is supporting Lot B is sufficient for the existence of the legal easement. The law itself creates the easement. No annotation is necessary. Apply

Thus, an annotation of adverse claim on the title of the servient estate is not proper. Conclusion

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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