TRIAS V. ARANETA 15 SCRA 241
Category: Property, Ownership and Its Modifications
TRIAS V. ARANETA
15 SCRA 241
FACTS:
Trias sought the cancellation on her certificate of title an annotation prohibiting the construction of factories on her land. This was opposed by Araneta, claiming that the condition was inserted by virtue of an agreement between it and Trias’ predecessor-in-interest.
HELD:
It is proper for the opposition because if the condition is erased, a purchaser who gets the certificate of title without the annotation will get hold of the lot free from the encumbrance and might build a factory there. The existence of a zoning ordinance is of no relevance. The ordinance may be repealed at any time and if so repealed, the prohibition wouldn’t be enforceable.
Newer Philippine Law Resources:
Additional Law Reading:
TRIAS V. ARANETA 15 SCRA 241
Category: Property, Ownership and Its Modifications
TRIAS V. ARANETA
15 SCRA 241
FACTS:
Trias sought the cancellation on her certificate of title an annotation prohibiting the construction of factories on her land. This was opposed by Araneta, claiming that the condition was inserted by virtue of an agreement between it and Trias’ predecessor-in-interest.
HELD:
It is proper for the opposition because if the condition is erased, a purchaser who gets the certificate of title without the annotation will get hold of the lot free from the encumbrance and might build a factory there. The existence of a zoning ordinance is of no relevance. The ordinance may be repealed at any time and if so repealed, the prohibition wouldn’t be enforceable.
Newer Philippine Law Resources:
Additional Law Reading:
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