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 anotation o adverse claim agaunst 50 sq. m. on
Lot's A Transefer Certificte of Title, asserting the existence of
a legal easement.
ISSUE
a. Does a legal easement in fact exist?
If so, what kind?

b. If a legal easement does in fact

exist, is an annotation of an adverse
claim on the title of the servient is
estate proper?
 HELD
Easement on lateral and subjacent support exists
since the adjoining lands are above and below.

Lot B is entitled by law to the lateral support of

adjoining lands. This right to support is subject to the
right of lot A to excavate his property for the purposes of
construction and improvement. In other words, Lot B has
the right to lateral support from Lot A but lot A do have
the right to excavate their land given that he/she will
follow certain conditions but in this case, Socorro, the
owner of lot A ignored some conditions. Socorro wasn’t
able to give reasonable notice to the owner of lot B.
 Since legal easement is present , it should have
been the right of both landowner, but it’s not a
guarantee that an excavating landowner is free from
liability if damage was done to the adjoining land.

According to Article 684 of Section 9. No

proprietor shall make such excavations upon his land as
to deprive any adjacent land or building of sufficient
lateral or subjacent support. And Article 685 also says
that any stipulation or testamentary provision allowing
excavations that cause danger to an adjacent land or
building shall be void. So, this two articles justify the
complain of Segunda against the owner of Lot A,
Socorro.
THANKS