Property

STA. MARIA V. CA 285 SCRA 163- Easement Right of Way

STA. MARIA V. CA

285 SCRA 163

FACTS:

Fajardo’s property was surrounding by different properties owned by different people. On the northwest was Jacinto’s, the northeast was a fishpond, on southwest was Cruz’s and on the southeast was Sta. Maria’s. It was through Sta. Maria’s property that there could be a less prejudicial right of way. Fajardo filed for an easement of right of way.

HELD:

Where there are several estates surrounding the dominant estate, and the easement may be established on any of them, the one where the way is shortest and will cause less damage should be chosen.


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