This document discusses easements and servitudes under Philippine law. It defines easements and different types of easements such as real easements, personal easements, continuous or discontinuous easements, apparent or non-apparent easements, and positive or negative easements. It also discusses the characteristics of easements, the different ways easements can be acquired such as through title or prescription, and how easements can be extinguished through merger, non-use, or other conditions. The rights and obligations of the dominant and servient estates are also outlined.

1. EASEMENTS OR SERVITUDES
EASEMENTS IN GENERAL
EASEMENT DEFINED
Encumbrance imposed uponan immovablefor the benefit of a community or one or more personsor for the benefit of another imm ovablebelongingto a different
owner
DIFFERENT KINDS OF EASEMENTS
Art. 613. An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different
owner.
The immovable in favor of which the easement is established is called the dominant estate; that which is subject thereto, the servient estate. (530)
REAL EASEMENT DEFINED
An easement or servitude isan encumbranceimposed upon an immovable for the benefit of another immovable belonging to a diff erentowner.
Art. 614. Servitudesmayalso be established for the benefit of a community, or of one or more persons to whom the encumbered estate does not
belong. (531)
CHARACTERISTICS OF EASEMENT
1. A real right—actionin rem ispossible against the possessor of the servient estate
2. Imposable only on another’sproperty
3. It is a jusin re aliena—real right that may be alienated although the naked ownership ismaintained
4. It is a limitationor encumbranceon the servient estate for another’sbenefit
a. It is essential that there be benefit
b. It is not essential that the benefit be exercised
c. It is not essential for the benefitto be very great
d. The benefit shouldn’t be so great asto completely absorb or impair the usefulnessof the servient estate, for then, this would not bemerely an encumbrance
but the cancellationof the rightsof the servient estate
e. The benefit or utility goesto the dominant estate
f. The exercise isnaturally restrictedby the needsof the dominantestate or of itsowner
g. Easementsbeing an abnormal restrictionon the ownershipare not presumedbut may be imposed by law
5. There isinherence
6. It is indivisible
7. It is intransmissible
8. It is perpetual
NO EASEMENT ON PERSONAL PROPERTY
There can be no easementon personal property; only on immovables
Art. 615. Easements maybe continuous or discontinuous, apparent or nonapparent. Continuous easements are those the use of which is or maybe
incessant, without the intervention of any act of man. Discontinuous easements are those which are used at intervals and de pend upon the acts of
man. Apparent easements are those which are made known and are continuallykept in view byexternal signs that reveal the use and enjoyment of the
same. Nonapparent easements are those which show no external indication of their existence. (532)
Art. 616. Easements are also positiveor negative. A positive easement is one which imposes upon the owner of the servient es tate the obligation of
allowing something to be done or of doing it himself, and a negative easement, that which prohibits the owner of the servient estate from doing
something which he could lawfullydo if the easement did not exist. (533)
CLASSIFICATION OF EASEMENTS
1. According to party giventhe benefit
a. Real easement—for the benefit of another immovable belonging to a different owner
b. Personal easement—for the benefit of oneor more personsor of a community
2. According to the manner they are exercised
a. Continuouseasements
b. Discontinuouseasements
3. According to whether or not their existence isindicated
a. Apparent easement
b. Non-apparent easement
4. According to the purpose of the easement or the natureof the limitation
a. Positive easement
b. Negative easement
Art. 617. Easements are inseparablefrom the estate to which theyactiv elyor passivelybelong. (534)

2. INSEPARABILITY OF EASEMENTS
Independently of theimmovable to whichthey are attached, easementsdon’t exist
CONSEQUENCES OF INSEPARABILITY
1. Easementscannot be sold or donated or mortgaged independently of the real property to whichthey may be attached
2. Registration of the dominant estate under Torrenssystem without the registration of the voluntary easementsin itsfavor doesn’t extinguish the easementsbut
the registration of the servient estate withoutthe registrationof the easementsburdeningit extinguishesthe voluntary easements.
a. Note—actual knowledge of third personsisequivalent to registrationin that if they haveactual knowledgeof the
existence of the easement, they are boundby the same, even though no registrationhasbeen made
PROVISION OF THE LAND REGISTRATION LAW
Easementsshall continue to subsist and shall be heldto passwith the title of ownershipuntil rescinded or extinguishedby virtue of the registration of the servient
estate or in any other manner Art. 618. Easementsare indivisible.If the servient estate isdivided betweentwo or more persons, the ease ment isnot modified, and
each of them must bear it on the part which correspondsto him. If it isthe dominant estate that isdividedbetween two or more persons, each of them may use the
easement in itsentirety, without changing theplace of itsuse, or making it more burdensome in any other way. (535)
INDIVISIBILITY OF EASEMENTS
Partitionor divisionof an estate doesn’t divide the easement, which continuesto be complete inthat eachof the dominant estatescan exercise the whole
easement over each of the servient estate but only on the part corresponding to each of them 
Art. 619. Easements are established either bylaw or by the will of the owners. The former are called legal and the latter voluntaryeasements. (536)
JUDICIAL EASEMENTS
When the court says that an easement exists, it isnot creating one;it merely declaresthe existence of an easement created either by law or by the partiesor
testator
MODES OF ACQUIRING EASEMENTS
Art. 620. Continuous and apparent easements are acquired either byvirtue of a title or by prescription of ten years. (537a)
HOW EASEMENTS ARE ACQUIRED
1. If continuousand apparent
a. By title
b. By prescription—ten years
2. If discontinuousand apparent—only by title
3. If continuousand non-apparent—only by title
4. If discontinuousand non-apparent—only by title
MEANING OF TITLE
1. Title here doesn’t necessarily mean document
2. It meansa juridical act or law sufficientto create the encumbrance
Art. 621. In order to acquire by prescription theeasementsreferred to in the preceding article, the time of possession shal l be computed thus: in positive
easements, from the day on which the owner of the dominant estate, or the person who may have madeuse of the easement, commenced to exercise it upon the
servient estate; and in negativeeasements, from the day on which theowner of the dominant estate forbade, by an instrument acknowledgedbefore a notary
public, the owner of the servient estate, from executingan act which would be lawful without theeasement. (538a)
APPLICABILITY OF ARTICLE OF EASEMENTS ACQUIRABLE
BY PRESCRIPTION: RULES
1. If the easement ispositive, begin countingthe period from theday the dominant estate beganto exercise it
2. If the easement isnegative,begin countingfrom the time of notarial prohibitionwasmade on the servient estate
3. The notarial prohibition shouldbe given by the owner of the dominant estate
Art. 622. Continuousnonapparent easements, and discontinuousones, whether apparent or not, may be acquired only by virtue of a ti tle. (539)
EASEMENTS THAT MAY BE ACQUIRED ONLY BY TITLE
1. Continuousnon-apparent easements
2. Discontinuousapparent easements
3. Discontinuousnon-apparent easements

3. EASEMENT OF AQUEDUCT
The easement of aqueduct isconsidered continuousand apparentand may thereforebe acquired by prescription
Art. 623. The absence of a document or proof showing the origin of an easement which cannot be acquired byprescription may be cured by a deed of
recognition by the owner of the servient estate or bya final judgment. (540a)
APPLICABILITY OF ARTICLE
1. Continuousnon-apparent
2. Discontinuouseasements
HOW PROOF MAY BE GIVEN OF THE EXISTENCE OF THE
EASEMENTS
1. By deed of recognition by the servient owner
2. Final judgment
Art. 624. The existence of an apparent sign of easement between two estates, establishedor maintained by the owner of both, shall be considered, should either
of them be alienated,asa title in order that theeasement may continueactively and passively, unless, at the time the owne rship of the two estatesisdivided, the
contrary should be providedin the titleof conveyanceof either of them, or the sign aforesaid should be removed before theexecution of the deed. Thisprovision
shall also apply in case of the division of a thing owned in common by two or more persons. (541a)
APPARENT SIGNS OF EASEMENT THAT APPARENTLY
EXISTS
1. Originally no true easementexistshere because there isonly one owner
2. The article speaksof apparent visibleeasements
3. Outward indication
4. It is not essential that there be apparent sign between thetwo estates; it isimportant that there isan apparent sign that theeasement existsbetween thetwo
estates
N.B: Immaterial period of countingprescription.
RULES
1. Before the alienation, there isno true easement
2. After alienation
a. There arises an easement if the sign continuesto remainthere unlessthere isa contrary agreement
b. There isno easement if the sign isremoved or if there isan agreement to thiseffect
APPLICABILITY OF ARTICLE
1. Whether only one or both estatesisalienated
2. Even if there be only one estate but there are two portionsthereof, aslong aslater on there isa divisionof the ownership of thesaid portion
3. Even in the case of division of common property, thoughthisisnot an alienation
WHEN ARTICLE DOESN’T APPLY
Doesn’t apply in case both estatesor both portionsare alienatedto the same owner, for then there wouldbe no true easement unlessthere is a further alienation,
thistime, to different owners
Art. 625. Upon the establishment of an easement, all the rights necessaryfor its use are considered granted. (542)
GRANT OF NECESSARY RIGHTS FOR THE USE OF THE
EASEMENT
1. Unless the necessary rightsare also granted, the right to the easementitself isrendered nugatory
2. Necessary rightsinclude repair, maintenance, accessory easements, such as the right of way if the easement isfor the
drawing of water
3. Termination of the principal easement necessarily endsall thesecondary or accessory easements
Art. 626. The owner of the dominant estate cannotuse the easement except for the benefit of the immovable originally
contemplated. Neither can he exercise the easement in any other manner thanthat previously established. (n)

4. USE OF THE EASEMENT FOR BENEFIT OF THE IMMOVABLE ORIGINALLY
CONTEMPLATED RIGHTS AND OBLIGATIONS OF THE OWNERS OF THE DOMINANT
AND SERVIENT ESTATES
Art. 627. The owner of the dominant estate maymake, at his own expense, on the servient state anyworks necessaryfor the us e and preservation of
the servitude, but without altering it or rendering it more burdensome. 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 inconvenienceto the owner of the servient estate. (543a)
Art. 628. Should there be several dominant estates, the owners of all of them shall be obliged to contribute to the expenses referred to in the preceding
article, in proportion to the benefits which each mayderive from the work. Anyone who does not wish to contribute may exempt himself by
renouncing the easement for the benefit of the others.
If the owner of the servient estate should make use of the easement in anymanner whatsoever, he shall also be obliged to contribute to the expenses
in the proportion stated, saving an agreement to the contrary. (544)
Art. 629. The owner of the servient estate cannot impair, in anymanner whatsoever, the use of the servitude. Nevertheless, if byreason of the place
originallyassigned, or of the manner established for the use of the easement, the same should become veryinconvenient to the owner of the servient
estate, or should prevent him from making any important works, repairs or improvements thereon, it maybe changed at his expe nse, provided he
offers another place or manner equallyconvenient and in such a waythat no injury is caused therebyto the owner of the dominant estate or to those
who may have a right to the use of the easement. (545)
Art. 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)
RIGHTS OF THE DOMINANT ESTATE
1. To exercise the easement and all necessary rightsfor its use including accessory easement
2. To make on the servient estate all works necessary the use and preservation of the servitude but—
a. Thismust be at hisown expense
b. He must notify the servient owner
c. Select convenient time and manner
d. He must not alter the easement nor render it more burdensome
3. To ask for mandatory injunction to prevent impairment or obstruction inthe exercise of the easementaswhen the owner of the servient estate obstructsthe right
of way by building a wall or fence
4. To renounce totally the easement ifhe desiresexemptionffrom contributionto expenses
OBLIGATIONS OF THE DOMINANT ESTATE
1. He cannot alter the easement
2. He cannot make it more burdensome
a. Thushe cannot use the easement except for movable originally contemplated
b. In the easement of right of way, he cannot increase the agreed widthof the pathnor deposit soil or materials
outside of the boundariesagreed upon
3. If there be several dominant estates, each must contribute to necessary repairsand expensesin proportion to the benefits receivedby each estate
RIGHTS OF THE SERVIENT ESTATE
1. To retain ownership andpossession of the portion of hisland affectedby the easement
2. To make use of the easement, unlessdeprived by stipulationprovidedthat the exercise of the easement isn’t adversely aff ected andprovidedfurther that he
contributesto the expensesin proportion to the benefitsreceived, unlessthere is contrary stipulation
3. To change the locationof a very inconvenienteasement providedthat an equally convenientsubstitute ismade, without injury to the dominantestate
OBLIGATIONS OF THE SERVIENT ESTATE
1. He cannot impair the use of the easement
2. He must contribute to the expensesin case he uses the easement, unlessthere iscontrary stipulation
3. In case of impairment, to restore conditionsto the statusquo at his expense plus damages
4. To pay for the damagesincurred for the changesof location or form of the easement
MODES OF EXTINGUISHMENT OF EASEMENTS
Art. 631. Easements are extinguished:
(1) By merger in the same person of the ownership of the dominant and servient estates;
(2) By nonuser for ten 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 contraryto 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 temporaryor conditional;
(5) By the renunciation of the owner of the dominant estate;
(6) By the redemption agreed upon between the owners of the dominant and servient estates. (546a)
Art. 632. The form or manner of using the easement mayprescribe as the easement itself, and in the same way. (547a)

5. PRESCRIPTION RE VOLUNTARY EASEMENTS
1. The easement may itself prescribe
2. The form or manner of using may also prescribe in thesame manner asthe easement itself
PRESCRIPTION LEGAL EASEMENTS
1. Some legal easementsdon’t prescribe
2. But some legal easement do prescribe, asin the case of the servitude of natural drainage
Art. 633. If the dominant estate belongs to severalpersons in common, the use of the easement byany one of them prevents prescription with respect
to the others. (548)
EFFECT ON PRESCRIPTION OF USE BY ONE CO-OWNER
OF THE DOMINANT ESTATE
The use benefitsthe other co-owners, hence, there will be no prescriptioneven withrespect to their own shares
REASON FOR THIS ARTICLE
The easement isindivisible