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(3) When either or both of the estates fall into such condition that the easement cannot Legal Easements: easements imposed by law, and w/c have for their object either:
be used; but it shall revive if the subsequent condition of the estates or either of them 1. public use
should again permit its use, unless when the use becomes possible, sufficient time for 2. interest of private persons
prescription has elapsed, in accordance with the provisions of the preceding number;
(4) By the expiration of the term or the fulfilment of the condition, if the easement is The Different Legal Easements
temporary or conditional; 1. the easements relating to water
(5) By the renunciation of the owner of the dominant estate; 2. right of way
(6) By the redemption agreed upon between the owners of the dominant and servient 3. party wall
estates. 4. light & view
5. drainage
Other Causes for Extinguishment of Easement 6. intermediate distance
1. expropriation of the servient estate 7. easement against nuisance
2. permanent impossibility to make use of the easement 8. lateral & subjacent support
3. annulment, rescission, or cancellation of the title that constituted the
easement Art. 635. All matters concerning easements established for public or communal use
4. abandonment of the servient estate shall be governed by the special laws and regulations relating thereto, and, in the
5. resolution of the right of the grantor to create the easement absence thereof, by the provisions of this Title.
6. registration of the servient estate as FREE, that is, although the servient Art. 636. Easements established by law in the interest of private persons or for private
estate was registered under the Torrens System, the easement thereon was use shall be governed by the provisions of this Title, without prejudice to the provisions
not registered, unless there is a stipulation or actual knowledge of the of general or local laws and ordinances for the general welfare.
existence of the easement on the part of the transferee These easements may be modified by agreement of the interested parties, whenever
7. in case of the legal easement of right of way, the opening of an adequate the law does not prohibit it or no injury is suffered by a third person.
outlet to the highway extinguishes the easement, if the servient owner makes
a demand for such extinguishment How Legal Easements for Private Interests are Governed
1. agreement of interested parties provided not prohibited by law nor prejudicial
Art. 632. The form or manner of using the easement may prescribe as the easement to a 3rd person
itself, and in the same way. 2. in default of the latter, general/local laws & ordinances for the general welfare
3. in default of the latter, the Civil Code
PRESCRIPTION RE: PRESCRIPTION RE:
VOLUNTARY EASEMENTS LEGAL EASEMENTS SECTION 2. - Easements Relating to Waters
- the easement itself may - some legal easements do not prescribe (e.g.
prescribe servitude of national drainage) Art. 637. Lower estates are obliged to receive the waters which naturally and without
- the form or manner of using - the right to exercise them cannot also prescribe the intervention of man descend from the higher estates, as well as the stones or earth
may also prescribe in the same - the manner & form of using them may prescribe which they carry with them.
manner as the easement itself The owner of the lower estate cannot construct works which will impede this easement;
neither can the owner of the higher estate make works which will increase the burden.
Art. 633. If the dominant estate belongs to several persons in common, the use of the
easement by any one of them prevents prescription with respect to the others. Legal Easements Relating to Waters
1. natural drainage of lands
Note: the use benefits the other co-owners, hence there will be no prescription even w 2. natural drainage of buildings
respect to their own shares. 3. easements on riparian banks for navigation, floatage, fishing salvage
4. easement of a dam
CHAPTER 2: LEGAL EASEMENTS 5. easement for drawing water or for watering animals
6. easements of aqueduct
7. easement for the construction of a stop lock of sluice gate
SECTION 1. - General Provisions
What Lower Estates are Obliged to Receive
Art. 634. Easements imposed by law have for their object either public use or the 1. water w/c naturally & w/o the intervention of man descends from the higher
interest of private persons. estates
2. the stones & earth carried by the waters

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DUTIES OF SERVIENT ESTATE DUTIES OF DOMINANT ESTATE Accessory Easement – easement of right of way
1. the owner cannot construct works that 1. he cannot make works w/c will increase
would impede the easement the burden Requirements for Such an Easement to Exist
2. nor can he enclose his land by ditches 2. but he may construct works preventing 1. It must be for a public use.
or fences w/c would impede the flow erosion 2. It must be in favor of a town/village, the purpose being to facilitate the
3. should he really construct an 3. if the descending waters are the result of establishment of rural towns by making conveniently possible the supply of
obstruction, the easement may be artificial development or proceed from water.
extinguishes by non-user & barred by industrial establishments recently set up, 3. It must be sought not by 1 individual, but by the town/village, thru its legal
prescription if the action to destroy or are the overflow from irrigation representation.
the dike is brought only after more damns, the owner of the lower estate 4. There must be payment of the proper indemnity.
than 10 years shall be entitled to compensation for his 5. The right of way have a max width of 10m, w/c cannot be altered by the
loss or damage owners of the servient estates although the direction of the path may indeed
be changed, provided that the use of the easement is not prejudiced.
Art. 638. The banks of rivers and streams, even in case they are of private ownership,
are subject throughout their entire length and within a zone of three meters along their Art. 642. Any person who may wish to use upon his own estate any water of which he
margins, to the easement of public use in the general interest of navigation, floatage, can dispose shall have the right to make it flow through the intervening estates, with
fishing and salvage. the obligation to indemnify their owners, as well as the owners of the lower estates
Estates adjoining the banks of navigable or floatable rivers are, furthermore, subject to upon which the waters may filter or descend
the easement of towpath for the exclusive service of river navigation and floatage. Art. 643. One desiring to make use of the right granted in the preceding article is
If it be necessary for such purpose to occupy lands of private ownership, the proper obliged:
indemnity shall first be paid. (1) To prove that he can dispose of the water and that it is sufficient for the use for
which it is intended;
River Bank: a lateral strip of shore washed by the water during high tides but w/c (2) To show that the proposed right of way is the most convenient and the least
cannot be said to be flooded or inundated onerous to third persons;
(3) To indemnify the owner of the servient estate in the manner determined by the
Payment of Indemnity laws and regulations
1. NO INDEMNITY – if the land be of public ownership Art. 644. The easement of aqueduct for private interest cannot be imposed on
2. INDEMNITY – if the land be of private ownership buildings, courtyards, annexes, or outhouses, or on orchards or gardens already
existing.
Art. 645. The easement of aqueduct does not prevent the owner of the servient estate
Art. 639. Whenever for the diversion or taking of water from a river or brook, or for the
from closing or fencing it, or from building over the aqueduct in such manner as not to
use of any other continuous or discontinuous stream, it should be necessary to build a
cause the latter any damage, or render necessary repairs and cleanings impossible.
dam, and the person who is to construct it is not the owner of the banks, or lands
Art. 646. For legal purposes, the easement of aqueduct shall be considered as
which must support it, he may establish the easement of abutment of a dam, after
continuous and apparent, even though the flow of the water may not be continuous, or
payment of the proper indemnity.
its use depends upon the needs of the dominant estate, or upon a schedule of alternate
Art. 640. Compulsory easements for drawing water or for watering animals can be
days or hours.
imposed only for reasons of public use in favor of a town or village, after payment of
the proper indemnity.
Possible Ways of Making Effective the Easement
1. Construction of an open canal (not dangerous nor very deep)
Easements for Drawing Water or for Watering Animals
2. Construction of a covered or closed canal (if so required by the legal
1. the can be imposed only for reasons of public use
authorities to minimize danger)
2. they must be in favor of a town or village
3. Construction of tubes or pipes
3. proper indemnity must be paid
Obligations of the Dominant Owner
Art. 641. Easements for drawing water and for watering animals carry with them the 1. To keep the adqueduct in proper use or care
obligation of the owners of the servient estates to allow passage to persons and 2. To keep on hand necessary materials for its use
animals to the place where such easements are to be used, and the indemnity shall
include this service. Preservation of Right of Servient Estate to Fence – The servient owner may still
enclose or fence the servient estate, or even build over the aqueduct, so long as:
Principal Easements covered by Arts. 640 & 641 1. No damage is caused, or
1. Easement for drawing water 2. Repairs & cleanings become impossible
2. Easement for watering animals

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Requisites to Acquire the Easement SECTION 3 – Easement or Right of Way
1. Indemnity must be paid (to owners of intervening estates and to the owners
of lower estates upon w/c the waters may filter or descend). The amount
Art. 649 The owner, or any person who by virtue of a real right may cultivate or use
usually depends on duration and inconvenience caused.
any immovable, which is surrounded by other immovables pertaining to other persons
2. If for private interests, the easement cannot be imposed on EXISTING
and without adequate outlet to a public highway, is entitled to demand a right of way
buildings, courtyards, annexes, out-houses, orchards, or gardens (but can be
through the neighboring estates, after payment of the proper indemnity.
on other things, like road, provided no injury is caused to said properties).
Should this easement be established in such a manner that its use may be continuous
3. There must be proof:
for all the needs of the dominant estate, establishing a permanent passage, the
a. That he has the right to dispose of the water. (The right is given thru
indemnity shall consist of the value of the land occupied and the amount of the damage
prescription or administrative concession. Whoever believes that he
caused to the servient estate.
has the right to object, may set up an objection based on the fact
In case the right of way is limited to the necessary passage for the cultivation of the
that the person seeking the easement has no right to the legal use of
estate surrounded by others and for the gathering of its crops through the servient
the waters.)
estate without a permanent way, the indemnity shall consist in the payment of the
b. That the water is sufficient for the use for w/c it is intended. (The use
damage caused by such encumbrance.
must be indicated, otherwise its hard to determine sufficiency. But
the use may be any kind as long as it is lawful.)
c. That the proposed course is the most convenient and least onerous to Easement of Right of Way: the easement or privilege by w/c one person or a
3rd persons and the servient estate. The shortest distance is not particular class of persons is allowed to pass over another’s land, usually thru 1
necessarily that contemplated by law. particular path or line.
d. That proper administrative permission be obtained:
i. Municipal council – when municipal streets are crossed “right of way” – may refer to the easement itself, or to the strip of land over w/c
ii. Provincial board when public roads & waterways are crossed passage can be done
iii. National government – when navigating canals, or
navigable/floatable rivers are crossed Requisites for Easement of Right of Way
1. The property is surrounded by estates of others.
Particular Characteristics of the Easement 2. There is no adequate outlet to a public highway. (If outlet is thru the water,
1. Continuous under Spanish law, the easement cannot be demanded for there exists an
2. Apparent adequate outlet. In the Philippines, a distinction must be made, depending on
Note: These characteristics are for legal purposes and to make the easement danger, convenience and cost.)
susceptible of acquisitive prescription for the benefit of agriculture, even though in 3. Payment of the proper indemnity (but later on, the amount may be refunded
reality, it may not be the case. when the easement ends).
4. It must be established at the point least prejudicial to the servient estate. This
is generally but not necessarily the shortest distance.
Art. 647. One who for the purpose of irrigating or improving his estate, has to construct
5. The isolation must not be due to the proprietor’s own acts, as when he has
a stop lock or sluice gate in the bed of the stream from which the water is to be taken,
built enclosing walls.
may demand that the owners of the banks permit its construction, after payment of
6. Demandable only by the owner or one w/ a real right like a usufructuary.
damages, including those caused by the new easement to such owners and to the other
irrigators.
Note: The existence of a legal easement of right of way does not depend on the
consent of the co-owners.
Construction of a Stop Lock or Sluice Gate - Requisites:
1. Purpose mot be for irrigation or improvement Ramos v. Gatchalian Realty, Inc – Mere inconvenience for the dominant estate is
2. Construction must be on the estate of another not enough to serve as basis for an easement of right of way. There must be real, not a
3. Damages must be paid fictitious or artificial necessity for it.
4. Third persons should not be prejudiced
Floro v. Llenado – the burden of proving the existence of the pre-requisites to validly
Art. 648. The establishment, extent, form and conditions of the servitudes of waters, to claim a compulsory right of way lies on the owner of the dominant estate.
which this section refers, shall be governed by the special laws relating thereto insofar
as no provision therefor is made in this Code. The Proper Indemnity
1. If passage is PERMANENT – pay the value of the land occupied plus damages.
The Special Laws Referred to: (Upon extinction of the easement, the indemnity is returned w/o interest, for
1. The Spanish Law of Waters of Aug. 3, 1866 the interest is considered rent.)
2. The Irrigation Law as amended. 2. If passage is TEMPORARY – pay for the damages caused

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Classification of Right of Way Art. 654. If the right of way is permanent, the necessary repairs shall be made by the
1. Private owner of the dominant estate. A proportionate share of the taxes shall be reimbursed
2. Public – available to the general public; in such a case, the land would no by said owner to the proprietor of the servient estate.
longer be private land but a “highway” or “public road”
Ownership of, and Repairs and Taxes on, the Path
Easement in Favor of the Government 1. Servient Estate
• It is necessary that the easement should have been PRE-EXISTING at the time a. Even though permanent, the path belongs to the servient estate
of the registration of the land in order that the registered owner may be b. He pays ALL the taxes
compelled to respect it. 2. Dominant Estate
• Where the easement is NOT PRE-EXISTING and is sought to be imposed only a. Should pay for repairs
after the land has been registered under the Land Registration Act, proper b. Should pay for proportionate share of taxes to the servient estate
expropriation proceedings should be had, and just compensation to be paid to (“proportionate” means the WHOLE tax for the whole estate)
the registered owner thereof.
• Reason: Public use may not be imposed on private property w/o expropriation
Art. 655. If the right of way granted to a surrounded estate ceases to be necessary
proceedings and payment of just compensation made to the owner.
because its owner has joined it to another abutting on a public road, the owner of the
servient estate may demand that the easement be extinguished, returning what he
Art. 650. The easement of right of way shall be established at the point least prejudicial may have received by way of indemnity. The interest on the indemnity shall be deemed
to the servient estate, and, insofar as consistent with this rule, where the distance from to be in payment of rent for the use of the easement.
the dominant estate to a public highway may be the shortest. The same rule shall be applied in case a new road is opened giving access to the
Art. 651. The width of the easement of right of way shall be that which is sufficient for isolated estate.
the needs of the dominant estate, and may accordingly be changed from time to time. In both cases, the public highway must substantially meet the needs of the dominant
estate in order that the easement may be extinguished.
Width of the Path
• The width may be modified from time to time, depending upon the reasonable Causes for Extinguishment of the Easement of Right of Way
needs of the dominant estate. 1. Opening of a new road
• Nowadays, the use of automobiles is a vital necessity, hence the pathway 2. Joining the dominant estate to another (that is the latter becomes also the
should be sufficient for this. property of the dominant owner) w/c abuts, and therefor has access to the
public highway. But the new access must be adequate & convenient.
Art. 652. Whenever a piece of land acquired by sale, exchange or partition, is
surrounded by other estates of the vendor, exchanger, or co-owner, he shall be obliged Extinguishment Not Automatic - The law says that the servient owner “may
to grant a right of way without indemnity. demand.” Thus, if he chooses not to demand, the easement remains and he has no
In case of a simple donation, the donor shall be indemnified by the donee for the duty to refund the indemnity.
establishment of the right of way.
Art. 653. In the case of the preceding article, if it is the land of the grantor that Non-Applicability of Art. 655 to a Voluntary Easement - This article applies only
becomes isolated, he may demand a right of way after paying a indemnity. However, to a legal or compulsory easement of right of way, NOT to a voluntary one.
the donor shall not be liable for indemnity.
Art. 656. If it be indispensable for the construction, repair, improvement, alteration or
Rules if Grantor’s or Grantee’s Land is Enclosed beautification of a building, to carry materials through the estate of another, or to raise
1. If the ENCLOSING estate is that of the grantor (seller, barterer, or co-owner therein scaffolding or other objects necessary for the work, the owner of such estate
but not donor), the grantee does NOT PAY indemnity for the easement. shall be obliged to permit the act, after receiving payment of the proper indemnity for
2. If the ECNLOSED estate is that of the grantor (seller, barterer, or co-owner the damage caused him.
but not donor, the grantor MUST PAY indemnity.
Temporary Easement of Right of Way
Nature of the Easement • The easement here is TEMPORARY, but proper indemnity must still be given
1. In a sense, it is voluntary easement (created implicitly by the will of the • The indemnity does not have to be returned since the damage had already
parties in view of the contract or agreement entered into) been caused
2. It is compulsory in the sense that it has to be granted, generally w/o payment • “indispensible” is not to be construed literally. The causing of great
of indemnity inconvenience is sufficient.
• The owner/usufructuary can make use of Art. 656

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Art. 657. Easements of the right of way for the passage of livestock known as animal Note: A title conferring (expressly) ownership in 1 owner prevails over a mere exterior
path, animal trail or any other, and those for watering places, resting places and sign (from which, there is merely an inference.)
animal folds, shall be governed by the ordinances and regulations relating thereto, and,
in the absence thereof, by the usages and customs of the place. Art. 660. It is understood that there is an exterior sign, contrary to the easement of
Without prejudice to rights legally acquired, the animal path shall not exceed in any party wall:
case the width of 75 meters, and the animal trail that of 37 meters and 50 centimeters. (1) Whenever in the dividing wall of buildings there is a window or opening;
Whenever it is necessary to establish a compulsory easement of the right of way or for (2) Whenever the dividing wall is, on one side, straight and plumb on all its facement,
a watering place for animals, the provisions of this Section and those of Articles 640 and on the other, it has similar conditions on the upper part, but the lower part slants
and 641 shall be observed. In this case the width shall not exceed 10 meters. or projects outward;
(3) Whenever the entire wall is built within the boundaries of one of the estates;
Easement of Right of Way for Passage of Livestock (Servidumbres Pecurias) (4) Whenever the dividing wall bears the burden of the binding beams, floors and roof
1. Maximum Width frame of one of the buildings, but not those of the others;
a. Animal path – 75m (5) Whenever the dividing wall between courtyards, gardens, and tenements is
b. Animal trail – 37m and 50cm constructed in such a way that the coping sheds the water upon only one of the
c. Cattle – 10m, unless prior to the Old Civil Code, vested rights had estates;
been acquired to a greater width. (6) Whenever the dividing wall, being built of masonry, has stepping stones, which at
certain intervals project from the surface on one side only, but not on the other;
Cross Reference to Arts 640 & 641, relate to: (7) Whenever lands inclosed by fences or live hedges adjoin others which are not
1. Indemnity payment inclosed.
2. The fact that the easement for drawing water or for watering animals can be In all these cases, the ownership of the walls, fences or hedges shall be
imposed only for reasons of public use in favor of a town or village deemed to belong exclusively to the owner of the property or tenement which has in its
favor the presumption based on any one of these signs.
SECTION 4 – Easement of Party Wall
Conflicting Exterior Signs – If one owner has signs in his favor, and some against
him, they generally cancel each other, unless it can be shown from the purpose of the
Art. 658. The easement of party wall shall be governed by the provisions of this Title,
wall that it had been for the exclusive benefit of one.
by the local ordinances and customs insofar as they do not conflict with the same, and
by the rules of co-ownership.
Art. 661. Ditches or drains opened between two estates are also presumed as common
to both, if there is no title or sign showing the contrary.
Party Wall – this is a wall at the dividing line of estate. Co-ownership governs the
There is a sign contrary to the part-ownership whenever the earth or dirt removed to
wall, hence the party wall is necessarily a common wall. However, not all common walls
open the ditch or to clean it is only on one side thereof, in which case the ownership of
are party walls.
the ditch shall belong exclusively to the owner of the land having this exterior sign in
its favor.
Easement of Party Wall (Servidumbre de Medianera)
• It is called an easement by law, but the truth is, it is a compulsory kind of co-
ownership (FORGED INDIVISION) where the shares of each owner cannot be Party Ditches or Drains
separate physicially (otherwise the wall would be destroyed), although said • The presumption of party wall applies to ditches and drains opened between 2
shares may in a sense be materially pointed out. Each co-owner owns the half estates.
nearest to him. • The presumption is rebuttable. Thus, if a deposit of dirt is on one side alone,
the owner of that side is considered the owner of the ditch.
Art. 659. The existence of an easement of party wall is presumed, unless there is a
title, or exterior sign, or proof to the contrary: Art. 662. The cost of repairs and construction of party walls and the maintenance of
(1) In dividing walls of adjoining buildings up to the point of common elevation; fences, live hedges, ditches, and drains owned in common, shall be borne by all the
(2) In dividing walls of gardens or yards situated in cities, towns, or in rural owners of the lands or tenements having the party wall in their favor, in proportion to
communities; the right of each.
(3) In fences, walls and live hedges dividing rural lands. Nevertheless, any owner may exempt himself from contributing to this charge by
renouncing his part-ownership, except when the party wall supports a building
belonging to him.
The presumption of being a party wall is rebutted by:
1. Title to the contrary
2. Exterior signs to the contrary GR: Renunciation of the share of 1 owner in the party wall may be made, in order to
3. Proof to the contrary free himself from contribution to repairs on and construction of the party wall.

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