Beruflich Dokumente
Kultur Dokumente
IAC
Canals, Dikes
Whether or not Florete had the right to terminate the use of the canal
Art. 629 The owner of the servient estate cannot impair, in any manner whatsoever, the use
of the servitude.
Marsal & Co., Inc. is the present owner of the land adjoining
the Iloilo River up to the adjacent lot where the L. Borres
Elem. School is located. When Florete was still owner, there
existed a main canal from the Iloilo River which passes
through the property and thru a canal that traverses the
school property going towards Lot 2344.
2. Since it is a positive easement, Florete had no right to terminate the use of the canal
without violating Art. 629 of the CC. when Florete closed the entrance of the canal and
demolished portions of the main dike thus impairing the use of the servitude by the
dominant estates.