1.

The general public, or anybody injured by the nuisance is SERVIENT in an easement against
nuisance.
• (NO) The proprietor or possessor of the building or piece of land, who commits the nuisance thru
noise, jarring, offensive odor, etc. is servient in an easement against nuisance; in another sense,
the building or the land itself is the servient estate, since the easement is inherent in every
building or land.

2. If the nuisance is a private nuisance, the remedies are: (a) a civil action only; (b) abatement
without judicial proceedings only; (c) both a and b; (d) neither a nor b
• Letter C


3. An example of a nuisance which annoys or offends the senses is when a movie artist strips nude
in the lobby of a moviehouse for the sake of publicizing a particular movie.
• No. (shocks, defies or disregards decency or morality)

4. When there is an encroachment above another’s land is a trespass and not a nuisance.
• No. It is a nuisance.

5. The requisites for Extrajudicial Abatement of a Public Nuisance are the following, except: (a)
That demand be first made upon the owner or pos- sessor of the property to abate the nuisance;
(b) That such demand has been rejected; (c) That the abatement be approved by the district
health officer and executed with the assistance of the local police; and (d) That the value of the
destruction exceeds three thousand pesos.
• Letter D. It should be “not exceeding three thousand pesos”

6. A naked female’s picture shown for a truly artistic or scientific purpose is an example of a
nuisance.
• (NO)

7. In trespass, the injury is direct and immediate; in nuisance, it is only consequential.

• (YES)

8. Under Article 683, “Subject to zoning, health, police and other laws and regulations, factories
and ______ may be maintained provided the least possible annoyance is caused to the
neighborhood.

(a) malls; (b) shops; (c) boilers; (d) plants

• (B) shops

9. The term is derived from the Latin word nuire, which means to injure, hurt or harm.
• (NO. French word)


10. In abating a nuisance a person may even destroy the thing which constitutes the nuisance.

• (YES) In abating a nuisance, whether public (Art. 704.) or private, a person may even go to the
extent of destroying the thing which constitutes the nuisance provided he commits no breach of
the peace nor causes unnecessary injury, and provided further that the procedure for the
extrajudicial abatement of public nuisance prescribed in Article 704 is complied with. (Art.
706.)