BENEDICTO V. CA

25 SCRA 145

FACTS:

Hendrick was the owner of a property which half of it was sold to Recto. An easement of way was annotated in the certificates of title. Subsequently, the remaining half of the property was sold to Herras who then closed and walled the part of land serving as easement of way.

HELD:

The easement is perpetual in character and was annotated in all the certificates of title. Absence of anything that would show mutual agreement to extinguish the easement, the easement persists.