Property

RELOVA V. LAVAREZ 9 PHIL 149- Servitude

RELOVA V. LAVAREZ

9 PHIL 149

FACTS:

Plaintiff is an owner of a rice land being irrigated through an aqueduct. A dam existed in the land of defendant which controls the water in the aqueduct. When plaintiff was preparing to plant, the defendant destroyed the dam causing damage to plaintiff.

HELD:

The enjoyment of the plaintiff of an easement for the maintenance of an irrigation aqueduct and a dam on the lands of defendant for a period of more than 20 years confers title thereto upon the plaintiff by virtue of prescription and burdens the lands of the defendants with a corresponding servitude.

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