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QUIMEN V. CA

257 SCRA 163

FACTS:

The classic battle of an avocado tree and a sarisari store of strong materials.

HELD:

Where the easement may be established on any of the several tenements surrounding the dominant estate, the one where the way is shortest and will cause the least damage should be chosen but if these two circumstances don’t concur in a single interest, the way which will cause least damage should be used, even if it will not be shortest.


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