Category: Property, Ownership and Its Modifications
JAVELLANA V. IAC
172 SCRA 280
Marsall owned a parcel of land adjoining a river and elementary school. Before owning the land, there existed already a main canal, transversing the property from the river up to the area of the school. Javellana together with others closed the canal and destroyed the dam, leading to damages caused to those benefiting from the canal.
It is violative against the owner of a dominant estate to have closed the canals and destroyed the dam which supplies water to the dominant estate.