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TANEDO V. BERNAD

165 SCRA 86

FACTS:

Cardenas was the owner of two lots. One lot was sold to Tanedo and the other was mortgaged. The mortgaged lot had an four-storey apartment and house constructed thereon with a septic tank. The other lot had on it a house. Thereafter, the second lot was sold to spouses Sim who blocked the sewage pipe.

HELD:

Absent any statement abolishing the easement of drainage the use of the septic tank is continued by operation of law. The new owners of the servient estate cannot impair the use of the easement.


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