Civil Law, 2018 Bar — Question XIV-B

ESSAY

Socorro is the registered owner of Lot A while Segunda is the registered owner of the adjoining Lot B. Lot A is located at an elevated plateau of about 15 feet above the level of Lot B. Since Socorro was allegedly removing portions of the land and cement that supported the adjoining property, Segunda caused the annotation of an adverse claim against 50 sq. m. on Lot A's Transfer Certificate of Title, asserting the existence of a legal easement. (b) If a legal easement does in fact exist, is an annotation of an adverse claim on the title of the servient estate proper? (2.5%)

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