Title VII Easements or Servitudes] (Chapter 1: Easements in  It is a real right since the right in constituted on the thing itself
General and not upon its owner or its occupant.
Section 1: Different Kinds of Easements
Section 2: Modes of Acquiring Easements
Section 3: Rights and Obligations of the Owners of the
Dominant and Servient Estates)
Section 4: Modes of Extinguishing Easements] (Arts. 613 - 633,
NCC)
Concept of Easement
Definition: As defined, an easement is a real right on another's
property, corporeal and immovable, whereby the owner of the latter
must refrain from doing or allowing somebody else to do or
something to be done on his property, for the benefit of another
person or tenement,
Easement, and servitude. Distinguished
 Easement
 refers to the right enjoyed by one while servitude refers to the
burden imposed upon the other.
 Put a little differently, easement and servitude are but the two
aspects of the same concept.
 The passive aspect of being an encumbrance is what should
properly be referred to as the servitude;
 whereas the active aspect of being a right is what should
properly be referred to as an easement.
 Thus, servitude is defined as an encumbrance imposed upon
an immovable for the benefit of another immovable belonging
to a different owner or for the benefit of a community, or of one
or more persons to whom the encumbered estate does not
belong.
Concept of easement:
 As a consequence, the right avails against every person
whomsoever, who may happen, for the time being, to have
any interest in the thing, or, as adverse possessor, to
exercise a right of dominion over it.
 The right consists of a limited use and enjoyment of the thing
without possession and gives rise to an action in rem in favor of
the owner of the tenement of the easement and against any
possessor of the estate.
 Unlike a lease, an easement does the servient not give
the holder of an easement a right of possession of the
property, but only a right of use for a special and limited
purpose.
 It gives the holder of the easement an incorporeal
interest on the land, which is non- possessory in
character, but grants no title thereto.
 Whatever may be the kind of easement, the right is always
enjoyed over an immovable property, or from the point of view of
the encumbrance, the encumbrance is always imposed upon an
immovable property.
 The term "immovable" in Article 613 of the NCC should
be understood in its ordinary or vulgar connotation as
referring to those which are, by their nature, cannot be
moved from one place to another - such as lands,
buildings and roads.
 Hence, it is legally impossible to impose an easement
over another easement.
 It is a right which is enjoyed over another's property, or jura in re
aliena.
 By its very nature, and when considered with reference
to the obligations imposed on the servient estate, an
easement involves an abnormal restriction on the
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 property rights of the servient owner and is regarded as upon an immovable for the upon an immovable for the
a charge or encumbrance on the servient estate. benefit of another immovable benefit of a community, or of
 As such, it operates as a limitation on the title of the belonging to a different owner. one or more persons to whom
owner of the servient estate, specifically, his right to use the encumbered estate does
(jus utendi). A real servitude, therefore, not belong."
requires the existence of two
 Inasmuch as every easement or servitude is a limitation
distinct immovables belonging In personal servitude, there is
upon one's ownership, it follows that no man has a right
to different owners to each of therefore no owner of a
of servitude in a thing of which he is the owner: Nulli res which it relates. dominant tenement" to speak of
sua servit. For if he had, he would have a right in the and the easement pertains to
thing against himself which is, of course, absurd. The immovable in favor of persons without a dominant
 Hence, it is impossible to have an easement over one's which the easement is estate.
own property in one's own favor because things serve established is called dominant
their owner by reason of ownership and not because of estate"; that which is subjected In personal servitude or
any servitude. thereto, the "servient estate. " easement, the person in whose
 As explained by the Court, the dominant estate cannot favor the easement is
be the servient estate at the same time. Without these two estates or constituted need not be the
tenements, there can be no real owner of any certain estate and
 One of the characteristics of an easement is that it can
or praedial servitude. does not require a dominant
be imposed only on the property of another, never on estate because the person in
one's own property. whose favor the easement is
 An easement can exist only when the servient and the constituted need not be a
dominant estates belong to different owners. property owner.
 Consequently, if there is a merger in the same person of
the ownership of the dominant and servient estates, the
easement is extinguished. Distinction between real and personal servitude
 The existence of a dominant estate and a servient estate Real or praedial servitude Personal servitude
incompatible with the idea that both estates belong to the is said to be imposed upon one of is due, not to a thing but to a
same person. the two estates, called the person, independently of the
 Since easement is constituted on the corporeal servient estate or praedium latter's ownership of any
immovable property of another person, an serviens, for the use or advantage immovable or estate.
acknowledgment of the easement is an admission that of the other, called the dominant
the property belongs to another estate or praedium dominans If the servitude is established
for the advantage of a given
Kinds of Easement While it may appear that the right person, the same is
of servitude (jus servitutes) is inseparable from his person,
As to recipient of benefit
enjoyed by the owner or occupant and necessarily ceases at his
Real (praedial) easement or Personal easement or
of the dominant estate, he does death, unless there is
servitude servitude
so only by reason of such stipulation to the contrary.
It is an encumbrance imposed It is an encumbrance imposed

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occupancy.
In other words, the right of
servitude (jus servitutes) that is
being enjoyed by the occupant of
the dominant estate is
inseparable from the occupation
of the tenement or estate.
Hence, in the ultimate analysis,
the right of servitude resides in
the estate (praedium) itself and
not in the physical person who
successively occupies or enjoys
it.
In the words of the Court and the
Civil Code, easement is
inseparable from the estate to
which it actively or passively
belongs
In addition, the right to
personal servitude does not
extend to the successors-in-
interest of the person to
whom the right is granted.
easements" those for the
interest of private persons, on
the other hand are called
"private legal casements.
Examples of legal easements
are the following:
1. Easement relating to waters
(Arts. 637-648, NCC)
ownership. Or, to be more
accurate, it is only the owner
who can create a servitude that
will bind the servient estate
(praedium serviens).
All other servitudes which are
imposed by non-owners such
usufrucutary, possessors in
good faith, lessee, etc) do not
bind the servient estate but only
the per mon establishing the
same.
Necessarily, such servitudes
shall terminate upon the
termination of the right of the
person establishing the same

2. Easement of right of way

As to its source Arts. 649-657, NCC)
Legal Easement Voluntary Easement
by law by will of the owners 3. Easement of party wall
The courts cannot impose or constitute any servitude where none (Arts 658-666, NCC)
existed.
4. Easement of light and view
They can only declare its existence if in reality it exists by law or (Arts. 667-673, NCC)
by the will of the owners. There are therefore no judicial
easements. 5. Easement of drainage of
that which is constituted by law constituted simply by will or buildings Arts. 674-676,
for public use or for private inter agreement of the parties. NCC)
est.
Note that only the owner may 6. Easement of distances
Legal easements which have constitute a servitude over his
for their objects public use are property since it operates as a 7. (Easement of nuisance
called "public legal limitation upon his title or (Arts. 682 683, NCC), and

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 As to its exercise
8. Easement of lateral and Apparent Easement Non-Apparent Easement
subjacent support (Arts, Apparent easements are those Those which show no external
684-687, NCC). which are made known and are indication of their existence. An
continually kept in view by easement of not building be
external signs that reveal the yond a certain height is a good
use and enjoyment of the example of a non-apparent
As to its exercise: As to its exercise, it is either: continuous or same. easement.
discontinuous, apparent or non apparent, and positive or negative.
Thus, a road (which reveals a
As to its exercise right of way) and a window
Continuous Discontinuous (which evidences a right to light
and view) are apparent
Easements are either continuous or discontinuous according to easements.
the manner they are exercised, not according to the presence of
apparent signs or physical indications of the existence of such
easements. As to its exercise
An easement is continuous if its if it in used at intervals and it Positive Easement Negative Easement
use is or may be, incessant depends on the act of man, One which imposes upon the When it prohibits the owner of
without the intervention of any act like the easement of right of owner of the servient estate the the servient estate from doing
of man, like the easement of way. obligation of allowing something something which he could
drainage Stated otherwise, to be done on his property lawfully do if the easement did
continuous easements are those In other words discontinuous (servitutes in patendo). not exist (servitutes in non
of which the enjoyment is, or may easements are those, the faciendo).
be, continual, without the enjoyment of which can be In positive easement, the right
necessity of any actual had only by the interference of the owner to exclude any Negative easement, it must be
interference by man. of man. person from the enjoyment of noted, does not involve any
his property, which right is restriction on the owner's right
A good example of a continuous An easement of right of way guaranteed in Article 429 of the to exclude. Instead, the owner
easement is the easement of light is an example of a NCC, is restricted, in the sense is simply prohibited from doing
and view. discontinuous easement that he is obliged to allow something on his property
because its use is at intervals something to be done on his which he could law fully do if
and depends upon the acts property. the easement did not exist.
of man: it can be exercised
only if a man passes or puts An example of a positive An example of a negative
his feet over somebody easement is the easement of easement is an easement not
else's land. right of way. to build higher (altius non
tollendi).

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 An easement may not consist, however, in the right to demand
that the servient owner does something feruitutes in faciendo).
 For if it consists in the right to an act to be done by the
owner of the servient estate, such right is merely in the
nature of a jus in personam against that determinate
person.
 Hence, the true reason why a servitude cannot consist in
faciendo is that, if it did, the right created could not be jus in
rem since the same will not fall over the thing but on the
person.
 While Article 616 of the New Civil Code may seem to allow
a servitutes in faciendo when it says that positive easement
may consist in the servient owner doing something himself.
the easements in faciendo here are only those which are
considered as accessory obligations to a praedial servitude.
 As aptly observed by Senator Tolentino, citing Ruggiero, an
casement can never consist in a personal prestation to do
on the part of the owner of the servient estate, the obligation
imposed upon him is always negative. In other words,
whether the easement is a positive negative one, the
obligation imposed upon the servient owner is always a
negative one.
 In positive easement, for example, the obligation of the
servient owner is not to interfere in the of his property by the
holder of the easement.
 In negative easement, on the other hand, the obligation of
the servient owner is to refrain from doing something on his
property
Characteristics of Easement
1. Inherence or Intransmissibility
 An easement is a real right which falls over the property itself.
Or, from the viewpoint of the obligation imposed, the servitude is
imposed upon the property itself and not upon its owner.
 Hence, it is said that the easement or servitude is but an
accessory to the tenement of which it forms part.
 In the words of Article 617 of the NCC, the easement is
inseparable from the estate to which it actively or passively
belongs.
 As a consequence, it cannot, therefore, be alienated or
mortgaged separately from the estate to which it forms part.
 In addition, the servitude can be availed of against every
person who may subsequently acquire ownership of the
estate subject to such encumbrance.
2. Indivisibility
 Easements or servitudes are indivisible
 This is but a necessary consequence of the principle of
inseparability of the easement or servitude from the estates
to which it relates.
 As a consequence, even if the servient and dominant estates are
divided between two or more persons, the easement or servitude
continuesd to attach to the estates originally affected.
 In case of division of the servient state into several parts for
example, all such part, though divided, shall continue to
bear the encumbrance.
 In case of division of the dominant estate into several parts,
each and every part shall continue to enjoy the easement in
its entirety and without any modification.
Modes of Acquiring Easements
 There are two modes of acquiring easements:
1. by title and
2. by prescription
 All kinds of easements whether continuous or discontinuous,
apparent or non-apparent, positive or negative, can be acquired
by title.
 But only continuous and apparent easements may be acquired
by virtue of prescription.
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 In other words, in order for an easement to be acquired by
virtue of prescription it must be both continuous and
apparent.
 By title as a mode of acquiring servitude, the Civil Code refers to
any juridical act which gives birth to the servitude such as the
law, donations, contracts and wills.
 Hence. the act may either be inter vivios or mortis causa, may
be onerous or gratuitous.
 An easement of right of way may be apparent but it is not a
continuous easement because its use is at intervals and
depends upon the acts of man.
 It can be exercised only if a man passes or puts his feet over
somebody else's land.
 Like a road for the passage of vehicles or persons, an
easement of right of way of railroad tracks is discontinuous
because the right is exercised only if and when a train
operated by a person passes over another's property.
 In other words, the very exercise of the servitude depends
upon the act or intervention of man which is the very essence
of discontinuous easements.
 The presence of more or less permanent railroad tracks does
not, in any way, convert the nature of an easement of right of
way to one that is continuous.
 It is not the presence of apparent signs or physical indications
showing the existence of an easement, but rather the manner
of exercise thereof, that categorizes such easement into
continuous or discontinuous.
 The presence of physical or visual signs only classifies an
easement into apparent or non apparent.
 Hence, a right of way is not acquirable by prescription.
 To stress, Article 622 of the New Civil Code states that
discontinuous easements, whether apparent or not, may be
acquired only by virtue of a title.
 In Liwag v. Happy Glen Loop Homeowners Association, Inc., the
Court ruled that the water facility on a certain lot in a subdivision,
which is an encumbrance for the benefit of the community
continue and apparent easement, because it is used incessantly
without human intervention, and because it is continually kept in
view by the overhead water tank, which reveals its use to the
public.
 Since the facility was continuously used for more than 30
years as the residents' sole source of water, it was held that
an easement of water facility has already been acquired
through prescription.
Acquisition of Easement Through Prescription
 If the easement is both continuous and apparent, it may be
acquired by virtue of prescription within a period of 10 year.
 The commencement of the ten-year period of prescription will
depend on whether the easement in positive or negative, as
follows
1. If the easement is positive, the 10 year period is counted
from the day on which the owner of the dominant estate, or
the person who may have made use of the easement,
commenced to exercise it upon the servient estate, or
2. If the easement is negative, the 10 year period is counted
from the day on which the owner of the dominant estate
forbade by an instrument acknowledged before a notary
public, the owner of the servient estate, from executing an
act which would be lawful without the casement.
Application in Easement of Light and View:
1. Opening a window in one's own wall:
 This act, per se, does not create an easement because the
property used by its owner merely in the exercise of ownership
and not as an exercise of an easement.
 The owner of the adjacent property on the other hand, may
cover such windows by building on his own land or raising
6
 wall contiguously to the wall in which the windows are
opened.
 In this situation, an easement is created only when the one
who opened the window will prohibit or restrain the owner of
the adjacent property from doing anything which may tend to
cut off or interrupt the light or block the view of the former.
 The easement, being a negative one, is acquired by
prescription only after the lapse of 10 years counted from the
day on which the owner of the dominant estate forbade by an
instrument acknowledged before a notary public, the owner of
the servient estate, from executing an act which would be
lawful without the easement.
2. Opening a window in a party wall.
 If the window, on the other hand, is opened in a party wall, the
easement of light and view positive and the 10-year period of
prescription commence from the time of the opening of the
window.
 The reason for this is because no part owner can, without the
consent of the other make in a party wall window or opening
of any kind, as provided in Article 667 of the NCC.
 Hence, the very fact of making such openings in such a wall
might therefore, be the basis for the acquisition of prescriptive
title without the necessity of any active opposition, because it
always presupposes the express or implied consent of the
other part owner of the wall, which consent, in turn, implies
the voluntary waiver of the right of such part owner to oppose
the making of such openings or windows in such a wall.
3. Opening a window in another's wall
 The same rule will apply if the window is opened on the wall
belonging to one's neighbor.
 The 10-year prescriptive period commences from the time of
the opening of the window.
 Stated otherwise, if anyone shall open window in the wall of
his neighbor, through which the light enters his house, by this
sole fact he shall acquire a prescriptive title to the easement
of light, if the time fixed by law (10 years) expires without
opposition on the part of the owner of the wall.
Proof of Easement
The presumption is always against the existence of an easement
for property is always presumed free from any and all
encumbrances.
 Hence, the law requires that the easement must be acquired
either by a title or by prescription
 If the easement is acquired through prescription, necessarily
there is no document evidencing its existence and the same may
only be established in a judicial proceeding through
preponderance of evidence.
If the easement, however, is one which cannot be acquired
through prescription and there is no document evidencing the
same, or such document is no longer available for whatever
reason, the absence of such proof may be cured by n deed of
recognition by the owner of the servient estate.
 If the owner of the servient estate denies the existence of the
easement or refuses to execute the deed of recognition, the
existence of the easement may nonetheless be established in a
judicial proceeding through preponderance of evidence.
Note that the existence of a title which serves as the basis for the
easement may be proven through oral testimonies of witnesses
as the same is not covered by the Statute of Frauds.
 Even if the servitude is imposed upon a parcel of land and the
obligation arises from an oral contract, such agreement is not
covered by the Statute of Frauds considering that not all
agreements affecting land must be put in writing to attain
enforceability.
 Under pure of Article 107 of the New Civil Code, such formality
is only required of contracts involving leases for longer than
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 one year, or for the sale of real property or of an interest
therein.
4. Easement by Apparent Sign or Legal Presumption
Requisites for creation of easement
1. That there exist an apparent sign of servitude between two
estates:
2. That at the time of the establishment of such sign, the
ownership of the two estates resides in one person:
3. That the sign of the easement be established by the owner of
both estates because the article will not apply when the
easement is established by a person different from the owner,
4. That the ownership over the two estates is later on divided,
either by alienation or partition, and
5. That at the time of division of owner ship, nothing is stated in
the document of alienation or partition contrary to the easement
nor is the sign of the easement removed before the execution
of the document.
Effect of requisites are present
 An easement is thereby created by way of title through operation
of law upon the division of ownership of the two estates unless,
at the time of the division of ownership of the two estates, the
contrary should be provided in the title of conveyance of either of
them or the apparent sign should be removed before the section
of the deed.
 Stated otherwise, when the owner of two properties alienates
one of them and an apparent sign of easement exist
between the two estates entitlement to it continues, unless
there is a contrary agreement, or the indication that the
money removed before the execution of the deed.
Applies to succession
 Amor v. Tolentino, Article 624 of the NCC also applies to a
division of property by succession.
Illustration:
 For example, "A" and "B" used to be co-owners of a parcel of
land "A,” during the existence of the co-ownership constructed a
house on one hall portion of the co-owned property.
 On the northeastern Nide of the house, there are windows
and doon which serve as passages for light and view
Subsequently, and "B" executed a deed of partition whereby
the portion where the house and was allotted to "A” while the
other half was allotted to "B”
 The existence of the doors and window on the northeastern
side of the aforementioned house, is equivalent to a title for
the visible and permanent sign of an easement is the title
that characterizes its existence.
 If nothing has been stated in the deed of partition contrary to
the easement and "A” did not renounce the use of the
windows and doors, either by stipulation or by actually
closing them permanently, the easement is created by title
pursuant to Article 624 upon the actual partition of the co-
owned property.
Rights and Obligations of the Owners of the Dominant and
Servient Estates
Owner of Servient Estate
Effect of Easement Upon Servient Estate
 An easement consists in the limited use and enjoyment of the
property subjected to such encumbrance but without possession.
in other words, it gives the holder of the easement an incorporeal
interest on the property but grants no title thereto.
 Hence, the owner of the servient estate retains the ownership
of the portion on which the easement is established and may
use the same in which manner as not to affect the exercise of
the easement.
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 For example, when an easement of right of way in granted to
another person, the rights of the property's owner are limited.
 An owner may not exercise some of his or her property rights
for the benefit of the person who was granted the easement of
right of way.
 While the owner of the servient estate may do anything on his
property as he pleases in the exercise of his right of enjoyment,
he may not enclose, however, the property because such act
will affect the exercise of the easement.
 The owner of the servient estate has an obligation not to
obstruct or hinder the free passage over the servient estate of
any person entitled to make use of it.
 As such, the holder of the easement may demand for the rest
of south obstruction.
Change of Place or Manner of Use
 While the owner of the servient estate is prohibited from
impairing, in any manner whatever the use of the servitude he
may, however, change the place of the easement or the manner
of its use provided the requisites mentioned below are satisfied.
 Requisites
1. The place originally assigned or the manner established for
the use of the easement has become very inconvenient to
the owner of the servient estate or it has prevent him from
making any important works repairs or improvements
thereon;
2. The servient owner offers another place or another manner
of use equally convenient;
3. No injury is caused thereby to the owner of the dominant
estate or to those who may have a right to the use of the
easement, and
4. The expenses that will be incurred in the process shall be
borne by the owner of the servient estate.
Owner of Dominant Estate
 Extent of rights granted:
 Upon the establishment of an easement, all the rights necessary
for its use are considered granted. Hence, the establishment of a
principal element carries with it the grant of accessory ones.
 For example, an easement for drawing waters carries with it
the easement of right of way.
 As a consequence of the foregoing rule, the owner of the
dominant state shall have the right to make any works on the
servient estate if the same be necessary for the use and
preservation of the servitude.
 This right however, is subject to compliance with the following
requirements:
1. The work must be necessary for the use and preservation of
the servitude,
2. The work is done at the expense of the owner of the
dominant estate:
3. The work can be done without altering the servitude or
rendering it more burdensome
4. The owner of the servient estate is first notified of the
intended work; and
5. The time and manner of making the work should be the
most convenient to the owner of the servient estate or it is
done in such manner that it causes the least inconvenience
to the owner of the servient estate.
 If there be several owners of the dominant estate, the expenses
that will be incurred in making the work shall be borne by all, in
proportion to the benefits which each may derive therefrom.
 Anyone who does not wish to contribute may exempt himself
by renouncing the casement for the benefit of the other.
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 Limitations Upon Rights of Owner of Dominant Estate
 While it may appear that the right of servitude (jus servitutes) is
enjoyed by the owner or occupant of the dominant estate, he
does so only by reason of such occupancy.
 In other words, the right of servitude (jus servitutes) that is
being enjoyed by the owner or occupant of the dominant
estate is inseparable from the occupation of the tenement or
estate.
 Hence, in the ultimate analysis, the right of servitade (jus
servitutes) resides in the estate praedium) itself and not in the
physical person who successively occupies or enjoys it.
 For this reason, the owner of the dominant estate cannot use
the easement for the right of servitude) except for the benefit
of the immovable originally contemplate for such right, to
repeat, attached to the immovable itself and not to its owner.
 Neither may the owner of the dominant estate exercise the
easement in any other manner than that previously established.
 When the easement has been established in a general way,
without any specific purpose, it can be used for all the needs
of the dominant estate and may be adopted to any new
modification in the tenement.
 However when a particular purpose has been specified, the
rule is that the easement cannot be used for a different
purpose except when the change of use does not make the
easement more burdensome, in which case it may be
allowed.
 The owner of the dominant states cannot violate any of the
following prescribed restrictions on its rights on the servient
estate, to wit:
1. It can only exercise rights necessary for the use of the
easement;
2. It cannot use the easement except for the benefit of the
immovable originally contemplated;
3. It cannot use theme any other manner than that previously
established;
4. It cannot construct anything on it which is not necessary for
the use and preservation of the easement
5. It cannot alter or make the easement more burdensome;
6. It must notify the servient estate owner of its intention to
make necessary works on the servient estate, and
7. It should choose the most convenient time and manner to
build said works to use the least convenience to the owner of
the servient state any violation of the above constitutes
impairment of the easement.
Modes of Extinguishing Easement 204 I Modes of
Extinguishing Easement
1. Merger.
2. Non-us,
3. Impossibility of use
4. Expiration of term
5. Fulfillment of condition
6. Renunciation
7. Redemption
8. Annulment or rescission of title constituting the easement
9. Termination of the right of the grantor
10. Abandonment of the servient estate, and
11. Eminent domain
Merger
 An easement is a right enjoyed over another's property, or jure in
re aliena.
 Therefore, nobody can have an easement over his own
property, nimini sua res servit, for a man should not use that
which belongs to him as if it were a service only, but as his
own property.
 One of the characteristics of an easement is that it can be
imposed only on the property of another, never on one's own
property.
 An easement can exist only when the servient and the
dominant estates belong to different owners.
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  For this reason, a real or praedial easement requires the
existence of two distinct immovables belonging to different
owners.
 As a consequence, if there is a merger in the same person of
the ownership of the dominant and servient estates, the
easement in extinguished.
 For the same reason, a personal easement established for
the benefit of a particular person is also extinguished if the
said holder of the easement acquires ownership of the
servient estate.
 But if the personal easement in established for the benefit of
a community, the fact that one of the members of the
community acquires ownership of the servient estate will not
result in a genuine merge that will terminate the personal
easement.
 For real or praedial easement to be extinguished by way of
merger, the merger must involve full ownership of both the
dominant and servient estates.
 Thus, it has been held that when a person acquires only a
part interest in the servient estate it cannot be said that
ownership of the dominant and servient estates has been
merged in the same person.
 It is not necessary, however, that the merger takes place to
the full extent of the property being sufficient that the merger
takes place with regard to that part affected by the servitude
or that part for the benefit of which the servitude was
established.
Non User
 Period
 Non-user, as a mode of extinguishment of easement,
presupposes that the easement was used but later abandoned.
 For easement to be extinguished under this mode, it is
necessary that the non-u must have lasted for a period of 10
years.
Counting of 10-year period
 The computation of the 10-year period of extinctive prescription
shall depend on whether the easement is continuous or
discontinuous.
 If The easement in discontinuous, the 10-year period is
computed from the day in which the easement was not used.
 Since the use of the easement depends upon the act of man, if
no such act has been executed for period of 10 years, the
easement is extinguished.
If the easement is continuous in which case the use of the
easement does not depend upon the acts of man, the 10 year
period is counted from the day which an act contrary to the
easement took place.
 For example, if the owner of the lower estate constructed a
series of dike to prevent the Bow of excess water coming from
the higher estates, the legal easement of drainage is
extinguished 10 years after the construction of the dikes.
In Case of Co-ownerhsip
the dominant estate is under a state of co-ownership, the use of
the easement by any of the co-owner will prevent the running of
the 10 year prescriptive period of extinctive prescription by nan
user.
 This must be the rule since each co-owner of property which is
held pro indiviso has the right to exercise his rights ever the
whole property and may use and enjoy the same with no other
limitations other than that he shall not injure the interest of his
co-owners.
 In addition, since co-ownership is a form of trust, the position
by a co-owner of the entire dominant estate is considered for
the benefit of all.
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 Impossibility of Use
 If there are circumstances which rendered impossible the use of
the easement, the same is merely suspended until subsequent
conditions shall again permit the use of the easement.

 In the following situations, however, the easement is not merely

suspended but extinguished
1. If the circumstances which cause the impossibility of use
shall be irreparable. in which case, the easement in
absolutely extinguished or
2. b) If the circumstances which cause the impossibility of use
are reparable, the easement is likewise extinguished if the
period of extinctive prescription by non-user has already
lapsed.

 In the latter case, the circumstance which renders the use of the
easement impossible must not be in the nature of a fortuitous
event, otherwise, the easement may not be extinguished by non-
user, in which case, the easement is merely suspended.
 According to Senator Tolentino, the non-user must be due to
voluntary abstention by the dominant owner, and not to
fortuitous event, because the bonus of this cause of
extinguishment is presumptive renunciation.

Renunciation and Redemption

Renunciation
The renunciation of the
easement by the owner of the
dominant estate must be
specific, clear and express
Hence, a tacit renunciation will
not be sufficient.
Redemption
It is the release of the servient
estate from the servitude upon
agreement of the owners of
both and upon payment by the
owner of the servient estate of
the corresponding
consideration to the owner of
the dominant estate.

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