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  • Fransisco v. Iac

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    rhodz 88
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    The Malinta estate was originally owned by two sisters and was partitioned upon their deaths between their niece, deceased sister's heirs, and Cornelia. Cornelia's portion was later sold to the Eugenio sisters and then Ramos, who sought a right of way through the adjoining property of Fransisco to access the main road. The Supreme Court held that there was no compulsory right of way for Ramos because the isolation of the property was due to the partition and sale of the estate by the original owners, not any act of Fransisco.

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    The Malinta estate was originally owned by two sisters and was partitioned upon their deaths between their niece, deceased sister's heirs, and Cornelia. Cornelia's portion was later sold to the Eugenio sisters and then Ramos, who sought a right of way through the adjoining property of Fransisco to access the main road. The Supreme Court held that there was no compulsory right of way for Ramos because the isolation of the property was due to the partition and sale of the estate by the original owners, not any act of Fransisco.

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    3 visualizzazioni1 pagina

    Fransisco v. Iac

    Caricato da

    rhodz 88
    The Malinta estate was originally owned by two sisters and was partitioned upon their deaths between their niece, deceased sister's heirs, and Cornelia. Cornelia's portion was later sold to the Eugenio sisters and then Ramos, who sought a right of way through the adjoining property of Fransisco to access the main road. The Supreme Court held that there was no compulsory right of way for Ramos because the isolation of the property was due to the partition and sale of the estate by the original owners, not any act of Fransisco.

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    di 1

    FRANSISCO V.

    IAC
    177 SCRA 527
    FACTS:

    The Malinta estate was co-owned by two sisters who later donated 1/3 of the property
    to their niece, 1/3 to the heirs of their deceased sister, and 1/3 was solely conveyed to
    Cornelia. Adjoining this estate was property of Fransisco, fronting the Paradas road.
    The new co-owners then partitioned the lot. All the frontage went to the niece.
    Cornelia subsequently sold her property to Eugenio sisters who then sold it to Ramos.
    Ramos wanted a right of way through Fransisco’s property.

    HELD:

    If the enclosure or isolation was due to the proprietor’s own acts, then there couldn’t
    be any compulsory right of way.

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