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Aneco Reality and Dev't Corp. Vs. Landex Development Corp.

ANECO REALTY AND DEVELOPMENT CORPORATION, Petitioner, versus LANDEX DEVELOPMENT CORPORATION, Respondent.

G.R. No. 165952 | 2008-07-28

D E C I S I O N


REYES, R.T., J.:

THIS is a simple case of a neighbor seeking to restrain the landowner from fencing his own property. The right to fence flows from the right of ownership. Absent a clear legal and enforceable right, We will not unduly restrain the landowner from exercising an inherent proprietary right.

Before Us is a petition for review on certiorari of the Decision[1] of the Court of Appeals (CA) affirming the Order[2] of the Regional Trial Court (RTC) dismissing the complaint for injunction filed by petitioner Aneco Realty and Development Corporation (Aneco) against respondent Landex Development Corporation (Landex)....