VII.

USUFRUCT

A. Concept – (Art. 562)

Usufruct is a real right, temporary in character that authorizes the holder to enjoy all
the advantages derived from a normal exploitation of another’s property, according to its
destination or purpose, and imposes and obligation of restoring at the time specified, either
the thing itself or its equivalent.

B. Historical considerations
C. Characteristics of Usufruct
D. Usufruct distinguished from lease; from servitude
E. Classes of Usufruct

1. By origin:
a. Voluntary
b. Legal – Art. 321 C.C.; Effect of Art. 226, Family Code
c. Mixed

2. By person enjoying right of usufruct (Art. 564)

a. Simple
b. Multiple
1. Simultaneous
2. Successive
Limitation on successive usufruct (Art. 756, 863 & 869)

3. By object of usufruct (Art. 564)

a. Rights
b. Things
1. Normal
2. Abnormal, irregular or quasi-usufruct

4. By the extent of the usufruct

a. As to the fruits (Art. 564)
1. Total
2. Partial

b. As to object
1. Singular
2. Universal (Art. 598)
- subject to provisions of Arts. 758 & 759

5. By the terms of usufruct (Art. 564)

a. Pure
 b. Conditional
c. With a term (period)

F. Rights

a. Right to possess and enjoy the thing itself, its fruits and accessions
- Fruit consist of natural, industrial and civil fruits.
- As to hidden treasure, usufructuary isconsidered a stranger (Art. 566; 436)
- Fruits pending at the beginning of usufruct (Art. 567)
- Civil fruits (Art. 569, 588)

b. Right to lease the thing (Art. 572)

- Limitations
- Liability of usufructuary – lessor (Art. 590)
- Exceptions to right of leasing the thing

c. Right to improve the thing (Art. 579)

As to the legal right of usufruct itself

a. Right to mortgage
b. Right to alienate the usufruct, except in purely personal usufructs, or when
title constituting it prohibits the same.

G. Rights of the naked owner

1. At the beginning of usufruct

(obligations of usufructuary)

2. During the usufruct;

a. Retains title to the thing or property
b. He may alienate the property
Limitations (Art. 581)

H. Obligations of Usufructuary

1. At the beginning of usufruct or before exercising the usufruct

A. to make inventory (Art. 583)

1. Requisites of Inventory
i. Immovable described
ii. Movable appraised

2. Exception to requirement of inventory

 i. No one will be injured thereby (Art. 585)
ii. Title constituting usufruct excused the making of inventory
iii. Title constituting usufruct already makes an inventory

B. To give a bond for the faithful performance of duties as usufructuary

1. No bond is required in the following:

i. No Prejudice would result (Art. 585)

ii. usufruct is reserved by donor (Art. 584)
iii. Title constituting usufruct excused usufructuary

2. During the usufruct.

a. To take care of the thing like a good father or a family (Art. 589)
- Effect of failure to comply with obligation (Art. 610)

b. To undertake ordinary repairs (Art. 592)

Concept of ordinary repairs

c. To notify owner of need to undertake extra-ordinary repairs (Art.

593)

1. Concept of extraordinary repairs.

2. Naked owner obliged to undertake them but when make by

owner, usufructuary pays legal interest on the amount while
usufruct lasts (Art. 594, par. 1)

3. Naked owner cannot be compelled to undertake extra-

ordinary repairs.

3a. If indispensable and owner fails to undertake

extraordinary repairs may be made by usufructuary; (Art. 594,
2)

d. To pay for annual charges and taxes on the fruits

e. To notify owner of any act detrimental to ownership (Art. 601)
f. To shoulder the costs of litigation re usufruct (Art. 602)
g. To answer for the fault or negligence of alienee, lessee, or agent
of usufructuary (Art. 590)
I. At the time termination of the usufruct

To deliver the thing in usufruct to the owner in the condition in which he has received
it, after undertaking ordinary repairs.
- Exception: abnormal usufruct

J. Special Cases of usufruct

1. Usufruct over a pension or periodical income (Art. 570)

2. Usufruct of property owned in common (Art. 582)
3. Usufruct of head of cattle (Art. 591)
4. Usufruct over vineyards and woodlands (Art. 575-576)
5. Usufruct on a right of action (Art. 578)
6. Usufruct on mortgaged property (Art. 660)
7. Usufruct over an entire patrimony (Art. 598)
- Liability of usufructuary for debts
8. Usufruct over deteriorable property (Art. 578)
9. Usufruct over consumable property (or quasi-usufruct)
Art. 574

K. Extinguishment of usufruct (Art. 603)

1. Death of usufructuary unless a contrary intention clearly appears

2. Expiration of period of fulfillment of resolutory condition imposed on

usufruct by person constituting the usufruct

. time that may elapse before a third person attains a certain age, even
if the latter dies before period expires
- unless granted only in consideration of his existence Art. 606

3. Merger of rights usufruct and naked ownership in one person

4. Renunciation of usufruct

a. Limitations
- Must be express
- If made in fraud of creditors, waiver may be
rescinded by them through action under Art. 1381

5. Extinction or loss of property

 a. If destroyed property is insured before the termination of the usufruct
(Art. 608)
1. When insurance premium paid by the owner and usufruct (Art.
608, Par 1)
a. If owner rebuilds, usufruct subsist on new building
b. If owner does not rebuild interest upon insurance
proceed paid to usufructuary

2. When the insurance taken by owner only because usufrutaury

refuses Art. 608, par. 2)

a. Owner entitled to insurance money (no

interest paid to usufructuary)
b. If he does not rebuild, usufruct continues over
remaining land and / or owner may pay the interest on
value of both (Art. 607)
c. If owner rebuilds, usufruct does not continue on new
building, but owner must pay interest on value on land and old
materials.

3. When insurance taken by usufructuary only depends on value

of usufructuary’s insurable interest (not provided for in Civil
Code).

a. Insurance proceeds to usufructuary

b. No obligation to rebuild
c. Usufruct continues on the land
d. Owner does not share in insurance proceeds

b. If destroyed property is not insured (Art. 607)

1. If building forms part of an immovable

under usufruct

a. If owner does rebuild, usufruct

continues over the land and materials
b. If owner rebuilds, usufructuary must allow
owner to occupy the land and to make use of
materials, but value of both and land and
materials

6. Termination of right of person constituting the usufruct

7. Prescription
 Cases covered: If third party acquires ownership of thing or
property in usufruct or right of ownership lost through prescription or
right of usufruct not began within prescriptive period, or if there is a
tacit abandonment or non-user of thing held in usufruct for required
period.

8. What do not cause extinguishment of usufruct

a. Expropriation of thing in usufruct (Art. 609)

b. Bad use of thing in usufruct (Art. 810
Owner’s right
c. Usufruct over a building (Art. 607, 608)

VII. EASEMENT OR SERVITUDES

A. Definition – Easement or real servitudes is a real which burden a thing with a

presentation consisting of determinate servitudes for the exclusive enjoyment of a person
who is not the owner or of a tenement belonging to another, or it is the real right immovable
by nature i.e. land and buildings, by virtue of which the owner of the same has to abstain
from doing or to allow somebody else to do something in his property for the
benefit of the another thing or person.

B. Essentials feature of easements / real servitudes / praedial servitudes.

1. It is a real, i.e., it gives an action in rem or real action against any possessor
of servient estate.

2. It is a right enjoyed over another property

3. It is a right constituted over an immovable by nature (Land and buildings),

not over movables.

4. It limits the servient owner’s right of ownership for the benefit of the dominant
estate. Right of limited use, but no right to posses servient estate, Being an
abnormal limitation of ownership, it cannot be presumed.

5. It creates a relation between tenements

 6. It cannot consist in requiring the owner of the servient estate to do an act,
(servitus in faciendo consistere nequit) unless the act is accessory to a praedial servitude
(obligation propter rem)

7. Generally, it may consist in the owner of the dominant estate demanding that
the owner of the servient estate refrain from doing something (servitus in non faciendo), or
that the latter permit that something be done over the servient property (servitus in patendo),
but not the right to demand that the owner of the servient estate do something (servitus in
faciendo) except if such obligation to a praedial sevitude (obligation propter rem).

8. It is inherently or inseparable from estate to which they actively or passively

belong (Art. 617)

9. It is intransmissible, i.e., it cannot be alienated separately from the tenement

affected, or benefited.

10. It is indivisible. (Art. 618)

11. It has permanence, i.e., once it attaches, whether used or not, it continues and
may be used at anytime.

C. Classification of Servitudes

1. As to recipient of benefits:

a. Real or Praedial
b. Personal (Art. 614)

2. As to origin:
a.Legal whether for public use or for the interest of private persons (Art. 634)
b. Voluntary

3. As to its exercise (Art. 615)

a. Continuous
b. Discontinuous

4. As indication of its existence (Art. 615)

a. Apparent
b. Non-apparent

5. By the object or obligation imposed (Art. 616)

 a. Positive
b. Negative (prescription start to run from service of notarial prohibition)

D. General rules relating to servitudes

1. No one can have a servitude over his own property (nulli res sua servit)
2. A servitude cannot consist in doing (servitus in faciendo consistere nequit)
3. There cannot be a servitude over another servitude (Servitus servitutes esse
non potest)
4. A servitude must be exercised in a way least burdensome to the owner of the
land.
5. A servitude must have a perpetual cause.

E. Modes of Acquiring Easements.

1. By title-juridical act which give rise to the servitude, i.e. law donations,
contracts or wills.

a. If easement has been acquired but no proof of existence of easement

available, and easement is one that cannot be acquired by prescription – then

1. May be cured by deed of recognition by owner of servient estate, or

2. By final judgment
3. Existence of an apparent sign considered a title (Art. 624)

2. By prescription (distinguish bet. positive vs negative)

F. Rights and Obligations of Owners of Dominant and Servient Estates.

1. Right of owner of dominant estate

a. To use the easement (Art. 626) and exercise all rights necessary for the use
of the (Art. 625)

b. To do at his expense, all necessary works for the use and preservation of
the easement (Art. 627)

c. In a right of way, to ask for change in width of easement sufficient for needs
of dominant estate (Art. 651)
 2. Obligations of the owner of Dominant Estate:

a. To use the easement for benefit of immovable and in the manner

originally established (Art. 626)

b. To notify owner of servient estate before making repairs and to make

repairs in a manner least inconvenient to servient estate.

c. To contribute to expenses of works necessary for use and preservation

of servitude, if there are several dominant estates, unless be renounces his interest
(Art.628).

3. Rights of owner of servient estate

a. To retain ownership and use of his property (Art. 630)

b. To change the place and manner of use the easement (Art. 629, par. 2)

4. Obligations of the servient estate

a. Not to impair the use of the easement (Art. 628, par. 1)

b. To change the place and manner of use the easement (Art. 628, par. 2)

G. Modes of Extinguishment of Easements:

1. Merger – must be absolute, perfect and definite, not merely temporary.

2. By non-user for 10 years.
a. Computation of the period

(1) discontinuous easements; counted from the day they ceased to be used.
(2) continuous easements: counted from the day an act adverse to the
exercise took place.

b. The use by a co-power of the dominant estate bars prescription with

respect to the others (Art. 633)

c. Servitudes not yet exercised cannot be extinguished by non-user.

3. Extinguishment by impossibility of use

4. Expiration of the term or fulfillment of resolutory condition
5. Renunciation of the owner of dominant estate – must be specific clear, express
(distinguished from non-user)
6. Redemption agreed upon between the owners
 7. Other causes not mentioned in Art. 631

a. Annulment or rescission of the Title constituting the easement

b. Termination of the right of grantor
c. Abandonment of the servient estate
d. Eminent domain
e. Special cause for extinction of legal rights of way; if right of way; if
right of way no longer necessary Art. 651 – 655

H. Legal Easements

1. Law Governing Legal Easement

a. For public easements

1.Special laws and regulations relating thereto, e.g. Pres. Decree

1067, P.D. 705

2.By the provisions of Chapter 2, Title VII, book II New Civil Code

b. for private legal easements

1) by agreement of the interest parties whenever the law does not
prohibit it and no injury is suffered by a third person.
2) by the provisions of Chapter 2, Title VII book II

2. Private Legal Easements provided for by the new Civil Code

a. Those established for the use of water or easements relating to waters

(Art. 637-648)

1) Natural drainage of waters (Art. 637)

2) Easements on lands along riverbanks (Art. 638), See Water Code.
3) Abutment of a dam (Art. 639)
4) Aqueduct (Art. 645-646)
5) Drawing waters and watering animals (Art. 640)
6) Stop lock or sluice gate (Art. 649)

b. The easement of party wall (Art. 649-657)

c. The easement of party wall (Art. 658-666)

 d. The easement of light and view (Art. 667-673)

e. The easement of drainage of buildings (Art. 674-676)

f. The easement of distance for certain constructions and plantings (Art. 677-
681)

g. The easement against nuisances (Art. 682-683)

h. The easement of lateral and subjacent support (Arts. 684-687)