- Petitioner
- Spouses Rudy Fernandez
- Respondent
- Spouses Merardo Delfin
- Citation
- G.R. No. 227917
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Leonen, J.
- Decided
- March 17, 2021
Summary
This Supreme Court case involves a property dispute over easement of right of way between the Fernandez and Delfin Spouses. The Fernandez Spouses originally owned five contiguous properties, with two front properties providing access to three back properties. They annotated easements on the front properties' titles in 1980. After foreclosure, the front properties were sold to the Delfin Spouses who refused to honor the easement. The RTC ruled in favor of the Fernandez Spouses, but the Court of Appeals reversed, finding no valid easement existed. The Supreme Court reversed the CA, applying Article 624 of the Civil Code on apparent easements. The Court held that when properties previously owned by one person have apparent signs of easement, and one property is transferred, the easement continues unless specifically excluded or signs removed. This case establishes important precedent on the doctrine of apparent easements and property rights succession.
Intellegal Wiki · Key Holding
Where one owner of two estates establishes an apparent sign of an easement between them and later transfers one estate, the easement arises by title unless the contrary is provided in the deed or the sign is removed (Article 624).
An editorially maintained summary of the rule this Supreme Court decision is cited for — not legal advice.