[Discuss/answer the question below. Or see Civil Law Instructions; Civil Law Instructions; Civil Law Essay Questions: 1, 2, 3, 4, 5, 6, 8, 9 and 10; Civil Law Multiple Choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10; See also 2013 Bar Exam: Information, Discussions, Tips, Questions and Results]
In 2005, Andres built a residential house on a lot whose only access to the national highway was a pathway crossing Branda’s property. Andres and others have been using this pathway (pathway A) since 1980.
In 2006, Branda fenced off his property, thereby blocking Andres’ access to the national highway. Andres demanded that part of the fence be removed to maintain his old access route to the highway (pathway A), but Branda refused, claiming that there was another available pathway (pathway B) for ingress and egress to the highway. Andres countered that pathway B has defects, is circuitous, and is extremely inconvenient to use.To settle their dispute, Andres and Branda hired Damian, a geodetic and civil engineer, to survey and examine the two pathways and the surrounding areas, and to determine the shortest and the least prejudicial way through the servient estates. After the survey, the engineer concluded that pathway B is the longer route and will need improvements and repairs, but will not significantly affect the use of Branda’s property. On the other hand, pathway A that had long been in place, is the shorter route but would significantly affect the use of Branda’s property.
In light of the engineer’s findings and the circumstances of the case, resolve the parties’ right of way dispute. (6%)