Petitioner
Costabella Corporation
Respondent
Court of Appeals
Citation
G.R. No. 80511
Court
Supreme Court
Division
Second Division
Ponente
Sarmiento, J.
Decided
January 25, 1991

Summary

Costabella Corporation, owner of a beach resort property, closed a passageway that private respondents claimed as an ancient right of way. The Regional Trial Court granted the respondents a vested right based on long use, while the Court of Appeals, though rejecting prescription, awarded a compulsory easement on equity grounds. The Supreme Court reversed both decisions, holding that private respondents failed to establish the requisites for compulsory right of way under Civil Code Articles 649-650. Specifically, they had an adequate alternative outlet to the public road, making the convenience of the original passageway irrelevant. The Court emphasized that adequacy, not convenience, determines the necessity for easements, and real necessity must exist for compulsory right of way to be granted.

Statutes applied

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By Intellegal Editorial Board · January 25, 1991

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