Article 630. The Owner of The Servient Estate Retains The

Article 630.
The owner of the servient estate retains the

ownership of the portion on which the easement is
established, and may use the same in such a manner as
not to affect the exercise of the easement. (n)
SECTION 4
MODES OF EXTINGUISHMENT OF
EASEMENTS
(Article 631)
R edemption agreed upon
E xpiration of term or fufillment of condition
M erger
A nnulment
I mpossibility of use
N on-user for 10 years
B ad condition
R esolution
E xpropriation or eminent domain
W aiver/Renunciation
1. Redemption agreed upon
Art. 631 “(6) By the redemption agreed upon between the owners of the dominant and
servient estates.”
 voluntary redemption
 existing because of express stipulation
2. Expiration of Term or Fulfillment of condition

Art. 631 “(4) By the expiration of the term or the fulfillment of the condition, if the
easement is temporary or conditional;”
3. Merger
Art. 631 “(1) By merger in the same person of the ownership of the dominant and servient
estates;”
 Absolute, Complete, NOT temporary
4. Annulment / Rescission/ Cancellation of title
5. Impossibility of use
 Must be permanent
 To be permanent, it must be:
(a) irreparable- the easement is absolutely extinguished.
(b) if reparable- the easement is likewise extinguished if the
period of extinctive prescription by non-user has already lapsed
Question:
The dominant estate was sold unconditionally (no right of

redemption) to the servient owner. Later, the dominant
owner bought his former estate. Still later, the dominant
estate was sold to another person X. Is the easement
revived?
6. Non-user for 10 years
Non-user refers to an easement that has once been
used because one cannot discontinue using what one has
never used.
From what time to compute?

 If discontinuous- From the time it ceased to be used
If continuous- From the day on which an act contrary to
the same took place.
7. Bad Condition
 “Article 631 (3) When either or both of the estates fall into such
condition that the easement cannot be used; but it shall revive if
the subsequent condition of the estates or either of them should
again permit its use, unless when the use becomes possible,
sufficient time for prescription has elapsed, in accordance with the
provisions of the preceding number;”
8. Resolution of the right to create the servitude
 in case of pacto de retro, when the property is redeemed
9. Expropriation or Eminent Domain
10. Waiver/ Renunciation by owner of the dominant

estate
 Must be EXPRESS, CLEAR, and SPECIFIC
City of Manila vs Entote
GR No. L-24776, June 28 1974
FACTS: Marzan owned three lots contiguous to each other. When she sold Lots 1 and
2, she imposed on Lot 3 a voluntary easement of right of way in favor of Lots 1 and 2.
Later, the owners of Lots 1 and 2 renounced the easement since they were given
better outlet. What happens to the easement on Lot 3?
HELD: The voluntary easement has been extinguished by the voluntary renunciation of
the owners of the dominant estate.
Subsidiary Issue: When the voluntary easement was created, the same was in favor of the
owners of Lots 1 and 2, their heirs, assigns, their servants and “any and all other persons
whomsoever.” Does the last phrase refer to everybody else, such that their renunciation
would be required before the easement can be extinguished?
HELD: No, the phrase does not refer to the entire world but only to those in privy with the
owners of Lots 1 and 2. This is because of the rule of “ejusdem generis” in legal
hermeneutics.
Other causes of extinguishment
1. Registration of the servient estate as FREE, that is although the
servient estate was registered under the Torrens system, the
easement thereon was not registered unless there is stipulation or
actual knowledge of the existence of the easement on the part of
the transferee
2. In the case of the legal easement of right of way, the opening of

an adequate outlet to the highway extinguishes the easement, if the
servient owner makes a demand for such extinguishment
Article 632. The form or manner of using the easement
may prescribe as the easement itself, and in the same way.
Notes:
1. Prescription Re Voluntary Easements
- may itself prescribe
- form or manner of using (number of windows, location of pathway, width of road) may also
prescribe
2. Prescription Re Legal Easements

General Rule: Do not prescribe but form or manner of using may prescribe
Exception: In the case of the servitude of natural drainage
Ongsiako, et. al.vs Ongsiako, et.al
L-7510, March 30,1957
FACTS:
From time immemorial before the partition of the Hacienda Esperanza, the water
coming from the portion of the estate assigned to plaintiffs had been flowing regularly
and without artificial obstruction towards the other areas of that same hacienda
subsequently assigned to the defendants, as a result of the partition in 1929.
However, the defendants, violating this legal easement in favor of the plaintiffs,
constructed in 1937 dikes that obstructed the natural flow of excess water from
plaintiff's higher tenement. Plaintiff sued for the destruction of the dikes. The action
was filed in 1951.
ISSUE: May the dikes be demolished?
RULING: No more, because the legal easement sought to be enforced had already
been extinguished by non-user, and the action is therefore barred by prescription.
Article 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.
Notes:
1. No prescription
2. The easement is indivisible.

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Article 630.

The owner of the servient estate retains the

2. Expiration of Term or Fulfillment of condition

The dominant estate was sold unconditionally (no right of

From what time to compute?

9. Expropriation or Eminent Domain

10. Waiver/ Renunciation by owner of the dominant

2. In the case of the legal easement of right of way, the opening of

2. Prescription Re Legal Easements

ISSUE: May the dikes be demolished?

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