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  • Tañedo V Bernadlaw

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    Aisa Lim
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    Antonio Cardenas originally owned two parcels of land, Lot A and Lot B, that each had buildings constructed on them and shared a septic tank. Cardenas sold Lot A to Tañedo and mortgaged Lot B, with an agreement to later sell Lot B to Tañedo as well. However, Cardenas instead sold Lot B to the Sim spouses. The Sim spouses then blocked the sewage pipe connecting the buildings, impairing Tañedo's use of the shared septic tank. The court ruled that the alienation of the dominant and servient estates does not extinguish an easement unless specifically stated. As the deed of sale from Cardenas to

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    Tañedo v Bernadlaw

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    Antonio Cardenas originally owned two parcels of land, Lot A and Lot B, that each had buildings constructed on them and shared a septic tank. Cardenas sold Lot A to Tañedo and mortgaged Lot B, with an agreement to later sell Lot B to Tañedo as well. However, Cardenas instead sold Lot B to the Sim spouses. The Sim spouses then blocked the sewage pipe connecting the buildings, impairing Tañedo's use of the shared septic tank. The court ruled that the alienation of the dominant and servient estates does not extinguish an easement unless specifically stated. As the deed of sale from Cardenas to

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    9 views2 pages

    Tañedo V Bernadlaw

    Uploaded by

    Aisa Lim
    Antonio Cardenas originally owned two parcels of land, Lot A and Lot B, that each had buildings constructed on them and shared a septic tank. Cardenas sold Lot A to Tañedo and mortgaged Lot B, with an agreement to later sell Lot B to Tañedo as well. However, Cardenas instead sold Lot B to the Sim spouses. The Sim spouses then blocked the sewage pipe connecting the buildings, impairing Tañedo's use of the shared septic tank. The court ruled that the alienation of the dominant and servient estates does not extinguish an easement unless specifically stated. As the deed of sale from Cardenas to

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    of 2

    TAEDO v BERNAD- Extinguishment of Easement

    An easement continues by operation of law. Alienation of the D and S estates to different persons is not a ground for
    extinguishment of easements absent a statement extinguishing it.

    FACTS:
    Antonio Cardenas (resp) is the original owner of 2 parcels of land (7501-A and 7501-B). He constructed an
    apartment bldg in Lot A and in Lot B he constructed an apartment, house, bodega and a septic tank for common use
    of the occupants of the two lots.
    Cardenas sold Lot A and mortgaged Lot B to Eduardo Taedo (pet). He also agreed that should be decide to sell Lot
    B he would sell it to Taedo. However, Cardenas sold Lot B to Spouses Sim (resp). Sim blocked the sewage pipe
    connecting the building on Lot A to the septic tank. He also asked Tanedo to remove that portion of his building
    encroaching Lot B.
    Taedo filed an action for legal redemption and damages against resps. Cardenas admitted that he had agreed to sell
    the lot to pet and claimed by way of cross claim against spouses Sim that the Deed of Sale he had executed was only
    intended as an equitable mortgage. RTC dismissed the complaint and the cross claim.

    ISSUE:
    Whether or not the right to continue to use the septic tank ceased upon the subdivision of the land and its subsequent
    sale to different owners.

    RULING: NO.
    The alienation of the dominant and servient estates to different persons is not one of the grounds for the
    extinguishment of an easement. On the contrary, use of the easement is continued by operation of law as provided in
    Art 624 because no abolishment or extinguishment was provided in the deed of absolute sale. Nor did Cardenas stop
    the use of the drain pipe and septic tanks before he sold the lots. Accordingly, the spouses Sim cannot impair, in any
    manner, the use of the servitude.
    TANEDO V. BERNAD
    165 SCRA 86
    FACTS:
    Cardenas was the owner of two lots. One lot was sold to Tanedo and the other was mortgaged. The mortgaged lot
    had an four-storey apartment and house constructed thereon with a septic tank. The other lot had on it a house.
    Thereafter, the second lot was sold to spouses Sim who blocked the sewage pipe.
    HELD:
    Absent any statement abolishing the easement of drainage the use of the septic tank is continued by operation of law.
    The new owners of the servient estate cannot impair the use of the easement.

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