Property Civil Law

1. G-one T. Paisones

2. EASEMENT OR SERVITUDE
It is an encumbrance imposed upon an immovable for
the benefit of:
1. Another immovable belonging to a different owner; or
2. For the benefit of a community or one or more persons
to whom the encumbered estate does not belong by
virtue of which the owner is obliged to abstain from
doing or to permit a certain thing to be done on his
estate (NCC, Articles 613 and 614)
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3. 3
Easement’ Distinguished from ‘Servitude
EASEMENT SERVITUDE
An English law
term
Used in civil law
countries
Real Real or Personal
The right enjoyed Burden imposed
upon another

4. ‘Easement’ Distinguished from ‘Lease’
Lease Easement
a real right only when it is
registered or when the
lease (of real property)
exceeds one year
always a real right
(whether the easement be
a real or personal
easement)
there is rightful and limited
use AND possession
WITHOUT ownership
there is rightful limited use
WITHOUT ownership or
possession
may involve real or
personal property.
can refer only to
immovables

5. 1. A right limited by the Needs of the dominant owner or estate,
without possession;
2. Inseparable from the estate to which it is attached – cannot be
alienated independently of the estate (NCC, Art. 617);
3. Cannot consist in the doing of an act unless the act is
accessory in relation to a real easement;
4. Involves two neighboring Estates: the dominant estate to which
the right belongs and the servient estate upon which an obligation
rests;
5. A Limitation on the servient owner’s rights of ownership;
6. Indivisible – not affected by the division of the estate between
two or more persons (NCC, Art. 618);
7. It is enjoyed over Another immovable never on one’s own
property;
8. A Real right but will affect third persons only when registered
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6. ‘Personal Easement’ Distinguished From ‘Usufruct’
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Personal
Easement
Usufruct
cannot be alienated generally can be
alienated
the use is specifically
designated
the use has a broader
scope, and in general
comprehends all the
possible uses of the
thing

7. PARTIES TO AN
EASEMENT
1. Dominant estate – refers to the
immovable for which the easement
was established; and
2. Servient estate – the estate which
provides the service or benefit.
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8. The owner of the dominant
estate may make, at his own
expense, on the servient
state any works necessary
for the use and preservation
of the servitude, but without
altering it or rendering it
more burdensome.
RIGHTS AND OBLIGATION OF THE OWNERS OF THE DOMINANT AND
SERVIENT ESTATES
For this purpose he shall
notify the owner of the
servient estate, and shall
choose the most
convenient time and
manner so as to cause
the least inconvenience
to the owner of the
servient estate(NCC, Art.
627) 8

9. Rights of the dominant owner
1. Make on the servient estate all works necessary for the use
and preservation of the servitude (NCC, Art. 627);
2. Ask for mandatory injunction to prevent impairment of his
right (Resolme v. Lazo, G.R. No. L-8654, March 30, 1914);
3. Renounce the easement if he desires to be exempt from
contributing necessary expenses (NCC, Art. 628); and
4. Exercise all rights necessary for the use of the easement
(NCC, Art. 625)
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10. Obligations of the dominant owner
1. He cannot Exercise the easement in any other manner than that
previously established (NCC, Art. 626);
2. He cannot Alter the easement or render it more burdensome
[NCC, Art. 627(1)];
3. He shall Notify the servient owner of works necessary for the
use and preservation of the servitude [NCC, Art. 627(2)];
4. He must Choose the most convenient time and manner of
making the necessary works as to cause the least inconvenience
to the servient owner; and
5. If there are several dominant estates he must Contribute to the
necessary expenses in proportion to the benefits derived from the
works [NCC, Art. 628(1)]
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11. 11
Rights of the servient owner
1. Retain the ownership of the portion
of the estate on which easement is
imposed;
2. Make use of the easement unless
there is an agreement to the contrary
[NCC, Art. 628(2)]; and
3. Change the place or manner of the
use of the easement, provided it be
equally convenient [NCC, Art. 629(2)]

12. MODES OF ACQUIRING EASEMENT
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1. By Title – the following easements may be acquired only by title:
a. Continuous non-apparent easements;
b. Discontinuous apparent easements; and
c. Discontinuous non-apparent easements (NCC, Art. 622)
2. By Prescription of 10 years
Prescription runs irrespective of good faith or bad faith of the
possessor and whether or not he has just title. The only requirement
is adverse possession. Only continuous and apparent easements
can be acquired by prescription(NCC, Art. 620).
3. By deed of Recognition
4. By Final judgment
NO JUDICIAL EASEMENTS. Resultantly, when the court says that
an easement exists, it is not creating one. For, even an injunction
cannot be used to create one as there is no such thing as a judicial
easement. The court merely declares the existence of an easement
created by the parties (La Vista Association, Inc. v. CA, G.R. No.
95252)

13. Doctrine of Apparent Sign
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Easements are inseparable from the
estate to which they actively or
passively pertain. The existence of
apparent sign under Art. 624 is
equivalent to a title. It is as if there is
an implied contract between the two
new owners that the easement should
be constituted, since no one objected
to the continued existence of the
windows.

14. MODES OF EXTINGUISHMENT OF EASEMENTS
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1. By Merger in the same person of the ownership of the dominant and servient
estates;
2. By Non-user for 10 years; with respect to discontinuous easements, this period
shall be computed from the day on which they ceased to be used; and, with respect
to continuous easements from the day on which an act contrary to the same took
place;
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;
4. By the Expiration of the term or the fulfillment of the condition, if the easement is
temporary or conditional;
5. By the Renunciation of the owner of the dominant estate; and
6. By the Redemption agreed upon between the owners of the dominant and servient
estates(NCC, Art. 631).

15. EASEMENT OF RIGHT OF WAY
Easement of right of way is the right granted
to a person or class of persons to pass over
the land of another by using a particular
pathway therein, to reach the former’s
estates, which have no adequate outlet to a
public highway subject, however to payment
of indemnity to the owner of the land
burdened by the right.
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If the passage is:
a. Continuous and permanent –
The indemnity consists of the
value of the land occupied
plusthe amount of damages
caused to the servient estate;
and
b. Temporary – Indemnity
consists in the payment of the
damage caused.

17. Liability for repairs and taxes
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1. As to
repairs, the
dominant
owner is liable
for necessary
repairs;
2. As to
proportionate share
of the taxes, it shall
be reimbursed by
said owner to the
proprietor of the
servient estate. This
applies only to
permanent
easements (NCC,
Art. 654)

18. Special causes of extinguishment of right of way
1. The opening of a public roadgiving access
to isolated estate; or
2. When the dominant estate is joined to
another estate (such as when the dominant
owner bought an adjacent estate) which is
abutting a public rode, the access being
adequate and convenient(NCC, Art. 655).
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19. EASEMENTS OF PARTY WALL
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The existence of an easement of party
wall is presumed, unless there is a title,
or exterior sign, or proof to the contrary:
1. In dividing walls of adjoining buildings
up to the point of common elevation;
2. In dividing walls of gardens or yards
situated in cities, towns, or in rural
communities; or
3. In fences, walls and live hedges
dividing rural lands (NCC, Art. 659).

20. The easementof LIGHT — Jus
luminum (as in the case of
small windows, not more than
30 cm. square, at the height of
the ceiling joist, the purpose of
which is to admit light, and a
little air, but not VIEW) (Paras,
2008).
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EASEMENT OF LIGHT AND VIEW
The easement of VIEW —
“Servidumbre
prospectus” (as in the
case of full or regular
windows overlooking the
adjoining estate)
(Incidentally, although the
principal purposehere is
VIEW, the easement of
light is necessarily
included, as well as the
easement ofaltius non
tollendi [not to build
higher for the purpose of
obstruction (Paras, 2008)

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23. EASEMENT OF DRAINAGE OF BUILDINGS
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The owner of a building shall be obliged to
construct its roof or covering in such manner
that the rain water shall fall on his own land or
on a street or public place, and not on the
land of his neighbor, even though the
adjacent land may belong to two or more
persons, one of whom is the owner of the
roof. Even if it should fall on his own land, the
owner shall be obliged to collect the water in
such a way as not to cause damage to the
adjacent land or tenement (NCC, Art. 674)

24. EASEMENT AGAINST NUISANCE
Easement against nuisance is a negative asement
because the proprietor or possessor is prohibited to
do something which he could lawfully do were it not
for the existence of the easement. However, a
nuisance involves any act or omission which is
unlawful.
NOTE: The easement against nuisance is not an
easement at all but a restriction upon the ownership
and not every limitation on the right of ownership is
an easement.
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