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    Easementof Aqueduct

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    Ivan Montealegre Conchas
    Law on Easement

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    © All Rights Reserved
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    Easementof Aqueduct

    Uploaded by

    Ivan Montealegre Conchas
    6 views13 pages
    Law on Easement

    Original Title

    EASEMENTOF AQUEDUCT

    Copyright

    © © All Rights Reserved

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    Law on Easement

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    6 views13 pages

    Easementof Aqueduct

    Uploaded by

    Ivan Montealegre Conchas
    Law on Easement

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    You are on page 1of 13

    WHAT IS

    AN
    AQUEDUCT?
     AQUEDUCT (Black’s Law Dictionary)
    a servitude which consists in the right to
    carry water by means of pipes or
    conduits over or through the estate of
    another.
    SAMPLES OF AQUEDUCTS
    EASEMENT OF AQUEDUCT
    ARTICLE 642
    Any person who may wish to use upon his
    own estate any water of which he can
    dispose shall have the RIGHT TO MAKE IT
    FLOW through the intervening estates,

    With the obligation to indemnify their owners,


    as well as the owners of the lower estates
    upon which the waters may filter or
    descend.
    Gonzales vs. De Dios, L-3099, May 21, 1951

    FACTS: Plaintiff has a fishpond, which derives its water source


    from a river. But in view of another fishpond set up between the
    first and the river, the source of the water has been cut. Plaintiff
    incidentally has the necessary permit to make use of the water
    from the river, but the owner of the intervening fishpond refuses
    to grant a convenient passageway.
    ISSUE: Is the plaintiff entitled to construct the necessary canal
    across the intervening fishpond, so that the water may be
    obtained from the river?
    HELD: Yes, for after all, she has the necessary permit to make use
    of the water and is willing to pay the proper indemnity.
    Moreover, a fishpond comes within the classification of
    agricultural land, and is an important source of governmental
    revenue.
    ARTICLE 643
    One desiring to make use of the right granted in the preceding article
    is obliged:
    1. To PROVE that he can dispose of the water and that it is sufficient
    for the use for which it is intended;
    2. To SHOW that the proposed right of way is the most convenient
    and the lease onerous to third persons; (NOTE: The shortest is
    NOT necessarily that contemplated by the law)
    3. To INDEMNIFY the owner of the servient estate in the manner
    determined by the laws and regulation; (duration and
    inconvenience caused)
    4. To OBTAIN a proper administrative permission (that of the
    municipal council when municipal streets are crossed; that of the
    provincial board when public roads and waterways are crossed;
    that of the National Government when navigating canals OR
    navigable or floatable rivers are crossed).
    EXCEPTIONS (ARTICLE 644)
     If for private interest, easement of Aqueduct
    CANNOT be imposed on already existing
    properties such as:
     Buildings
     Courtyards
     Annexes
     Out-houses
     Orchards
     Gardens

    But can be on other things, like road, provided


    NO injury is caused to said properties.
    PRESERVATION OF RIGHT OF SERVIENT ESTATE
    TO FENCE
    (ARTICLE 645)

    The servient owner may still enclose or fence the


    servient estate, or even build over the aqueduct, so
    long as:

    a) No damage is caused;

    b) Or repairs and cleanings become impossible.


    CHARACTERISTICS OF THE EASEMENT (ARTICLE 646)

    For legal purposes, the easement for aqueduct shall be


    considered as CONTINUOUS and APPARENT, even
    though the flow of the water may not be continuous, or its
    use depends upon the needs of the dominant estate, or upon
    a schedule of alternate days or hours.
    NOTE:
    POSSIBLE WAYS OF MAKING EFFECTIVE
    EASEMENTS

    a) Construction of an open canal (not dangerous nor


    very deep);

    b) Construction of a covered or closed canal (if so


    required by the legal authorities to minimize danger);

    c) Construction of tubes of pipes. (See Article 123,


    Law of Waters)
    OBLIGATIONS OF THE DOMINANT OWNER

    1) To keep the aqueduct in proper use or care.

    (Article 130, Law of Waters)

    2) To keep on hand necessary materials for its use.

    (Article 132, Law of Waters)


    Gracias atodos!!

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