Flashcards Studio

Dominant estate A (owner: Omar) holds a private easement of passage across Servient estate B (owner: Bianca) to reach a public road. The grant restricts use to ingress and egress and expressly prohibits parking, storage, or any other use of the strip. For the past ten months, Omar has parked delivery trucks on the easement for extended periods, erected a canopy and floodlights, stored lumber and equipment, and routinely conducts night-time loading with a crane along the strip. The activity blocks Bianca’s driveway, generates persistent noise and vibration, and damages Bianca’s driveway and adjacent yard. Bianca sues Omar for damages and seeks injunctive relief, invoking abuse of right under Article 19 of the Civil Code. (a)Identify the doctrine applicable and the governing rule. (b)Distinguish the elements of abuse of right from other misfeasance concepts in Civil Law. (c)Apply the doctrine to these facts: does Omar’s conduct constitute abuse of right? Why or why not? What remedies are available to Bianca?