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> The owner cannot construct works that would impede the easement
Art. 648. The establishment, extent, form and conditions of the servitudes of
waters, to which this section refers, shall be governed by the special laws
relating thereto insofar as no provision therefor is made in this Code. (563a)
load. Both the RTC and the CA found the subject backfilling to have added pressure on the
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fence, consequently endangering the safety of the occupants of the Uy property, especially
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considering the higher elevation of the Rana property. With these findings, the Court thus agrees
with the courts a quothat there is a need for Linda Rana to construct a retaining wall which would
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bear the weight and pressure of the filling materials introduced on their property. The Court,
however, observed that neither the RTC nor the CA specified in their respective decisions the
backfilled areas which would require the retaining wall.