ENCARNACION V. CA
195 SCRA 74
Encarnacion’s property was behind the property of De Sagun. It was the latter’s property which was fronting the public road. Not long after, Encarnacion engaged in the plant nursing business which flourished. His jeepney couldn’t pass through the pathway. He offered to pay for the widening but was denied.
It is the needs of the dominant estate which ultimately determines the width of the passage and these needs may vary from time to time.