SBA Notes—Property

UC School of Law

EASEMENTS
8. It cannot consist in the doing of an act unless the act is
accessory in relation to a real easement; and
9. It is a limitation on the servient owner’s rights of ownership
for the benefit of the dominant owner; and, therefore, it is not
CHAPTER 1: EASEMENTS IN GENERAL presumed.

Section 1: Different Kinds of Easements TN: Easement gives the holder an incorporeal right on the land but grants no
title thereto.
ARTICLE 613: DEFINITION OF EASEMENT
As to the nature of benefit to the dominant estate
Definition of Real Easement: real right constituted on another’s property,
1. There is a determinate use or utility in favor of a dominant estate
corporeal and immovable, by virtue of which the owner of the same has to
over an estate belonging to another.
abstain from doing or to allow somebody else to do something on his
2. The benefit should not be so great to be inconsistent with the
property for the benefit of another thing or person.
general right of ownership of a person that already amount to the
taking of his property.
Definition of Personal Easement: 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 one or more persons to whom ARTICLE 614: CLASSIFICATION OF EASEMENTS
the encumbered estate does not belong by virtue of which the owner is Real/predial Personal servitudes
obliged to abstain from doing or to permit a certain thing to be done on his servitudes
estate. Purpose established for the for the benefit of a
benefit of a particular person or group of
TN: Easement is the subset of servitude. However, they can be used estate and persons without being
interchangeably in the Civil Code. consequently, for its the owner or owners
owner of a dominant estate
Characteristics of Easement Number of immovables Requires two Does not require two
1. Real right but will affect third persons only when duly registered immovables immovable
2. It is enjoyed over another immovable, never on one’s own Attachment to the inures to the benefit of for the benefit alone
property; owner whoever owns the of the persons
a. Immovable refers to immovable by nature (lands, roads, dominant estate enumerated
buildings, and construction adhering to the soil)
3. It involves two neighboring estates (in the case of real Public Easements Private Easements
easement), the dominant to which a right belongs and the servient Where vested? vested in the public at vested in a
upon which an obligation rests; large or in some class determinate individual
4. It is inseparable from the estate to which it is attached and, of indeterminate or certain
therefore, cannot be alienated independently of the estate individuals persons
5. (Art. 617.) Examples (1) right of the public (1) right of way
6. It is indivisible for it is not affected by the division of the estate to a highway over a (2) right of light
between two or more persons (Art. 618.); land of private (3) right of support
7. It is a right limited by the needs of the dominant owner or ownership
estate, without possession; (2) right to navigate
SBA Notes—Property
UC School of Law

a river of which the Example sign of the easement (1) Right of way
bed belongs to some of view is found in the (2) Negative
private person dominant estate, while easements
that of aqueduct, in
ARTICLE 615: CONTINUOUS AND DISCONTINUOUS the servient estate.

EASEMENTS; APPARENT AND NON-APPARENTS AQUEDUCTS!

Continuous Discontinuous
Character of use Use MAY be incessant Use is at intervals TN: The easement of aqueduct is usually apparent, but if it is exercised
Necessity of man’s Exercise of enjoyment Exercise or enjoyment through an underground channel, the easement becomes non-apparent.
intervention can be had without requires the However, it is considered apparent by express provision of Article 646.
man’s intervention intervention of man
Example The right to support a Used at intervals
beam on another’s wall because it is physically ARTICLE 616: POSITIVE AND NEGATIVE EASEMENTS
which really exists impossible that man Positive Easement Negative Easements
continuously and the shall continually pass Example (1) Easement of the (1) Easement of light
right of aqueduct over the way. right of way which and view whereby the
which may be used  Without u imposes upon the owner of the servient
only on certain days physically owner of the servient estate is prohibited
depending on the need passing the estate the duty to from obstructing the
for water but which is right of way, it allow the use of said passage of light.
continuous since its is still there. way.  di allowed ang
use does not depend servient owner
upon the intervention (2) under Article 680, muconstruct
of man. the owner of a tree ug wall that
whose branches would obstruct
AQUEDUCTS extend over a the view and
neighboring estate, light of the
TN: Easement itself exists continuously but its exercise may be continuous may be required to owner. (not
or discontinuous, or there may be no exercise at all. allowed to
AQUEDUCTS! build a wall
Apparent Non-apparent that is so tall
Definition Not necessary that its There is no indication than
sign be seen; it is of its existence necessary)
sufficient if it may be
seen or known on
inspection. TN: Aqueduct kay continuous, apparent, and positive.
 Sign is seen in
the dominant The Cortes vs. Yu-Tibo case
or servient Situation Easement
estate opening or window is made on Positive because the owner of the
SBA Notes—Property
UC School of Law

another’s wall (wall of servient wall allows the servitude to burden Situation Easements
estate) or on a party wall his wall. If the servient estate is divided each new owner must
If the window is through one’s own Negative easement bear the easement but only with
wall (wall of the dominant estate) respect to the part corresponding
which does not extend over to him.
another’s property (servient estate), If it is the dominant estate that is each owner
divided can exercise the whole easement
ARTICLE 617: QUALITY OF INHERENCE AND over each of the servient estates
subject to the condition that the
INSEPERABILITY place of easement shall not be
Why is it inseparable? changed and the easement shall
Inseparable from the estate to which they actively or passively belong, being not be more burdensome.
accessory things whose very existence depends upon the principal thing
(immovable). No existence independent of the immovable to which it TN: The easement is not considered made more burdensome by the mere
attaches. increase in the owners of the dominant estates.
 However, it has an independent juridical existence. It is considered
by law as an immovable property
ARTICLE 618: QUALITY OF INDIVISIBILITY
Why is it intransmissible? Legal Voluntary
A consequence of its inseparability. They cannot be alienated or mortgaged Provided by law must be recorded in the Registry of
independently of the estate. Property in order not to prejudice
 If the dominant estate is alienated, such alienation carries with it third persons
also the easements established in its favor even if they are not
annotated as an encumbrance on the certificate of title.

When is easement is extinguished or cut-off? TN: The courts cannot impose or constitute any servitude where none
Registration of the servient estate under the Torrens system without the existed. They can only declare its existence if in reality it exists by law or by
easement being annotated on the corresponding certificate of title. the will of the owners.
 A registered owner or subsequent purchaser of registered land holds
his certificate of title free from all encumbrances except only those
noted in said certificate and the statutory liens. Section 2: Modes of Acquiring Easements
TN: An established principle that actual notice or knowledge is as binding as Modes Easement Acquired
registration. Title (1) continuous and apparent
- juridical act which gives birth to the easements- 620
ARTICLE 618: QUALITY OF INDIVISIBILITY easement, such as law, donation, contract,
and will of the testator.
(2) continuous and non-apparent
GR: The partition between two or more persons of either the servient or easements- 622
dominant estate does not affect the existence of the servitude which (3) discontinuous easements- 622
continues in its entirety. Prescription of 10 years Continuous and apparent
- Regardless of good faith and WON
he has just title
SBA Notes—Property
UC School of Law

TN: The prohibition must be “by an instrument acknowledged before a

Deed of recognition Continuous and apparent notary public,’’ a public act, and hence, more difficult to execute because of
Apparent sign established by the 624 its publicity and the expense connected therewith.
owner of 2 adjoining estates
Cid v. Javier
TN: The general rules on prescription do not apply (see Art. 1115.), the only An oral prohibition is not sufficient; nor any writing, but one executed in due
requirement being that there be adverse possession (exercise) of the form and solemn formalities because easements constitute an encumbrance
easement for ten years. on the servient owner’s rights of ownership.
 So acknowledge by the notary public.
ARTICLE 620: ACQUIRING CONTINUOUS AND
TN: Under Article 622, non-apparent easements may not be acquired by
APPARENT EASEMENTS prescription. Negative easements are essentially non-apparent. However,
Article 621 provides the prescriptive period for negative easements. The
Kind of easement Mode of acquisition notarial prohibition may be taken as making the easement apparent and,
Continuous and apparent Acquired either title or prescription therefore, prescriptible.
in 10 years
Discontinuous easement (WON Only acquired by virtue of a title Computation in case of easement of light and view
apparent) If made on one’s own wall and the There is no true easement for as
wall does not extend over long as the right to prohibit its
the property of another exercise exists.
Two requisites required by law for prescription  owner must make the
1. Possession be public prohibition required upon
2. Possession be continuous the proprietor of the
adjoining land or tenement
ARTICLE 621: COMPUTATION OF THE PRESCRIPTIVE to prevent him from
obstructing the light and
PERIOD view by the construction of
Easement Computation of Prescriptive an overshadowing structure
Period on his land, a thing he can
Positive easement from the day on which the owner of lawfully do were it not for
the dominant estate began to the existence of the
exercise the easement easement.
Negative easement From the day on which a notarial  If the latter consents to
prohibition was made on the such prohibition and the
servient estate. period fixed by law expires,
 The day when the the easement will be
dominant estate owner acquired by prescription.
prohibits the servient owner if made through a party wall or on The period of prescription
from doing something. one’s own wall which extends over shall be counted from the time of
the neighboring estate the opening of the window.
SBA Notes—Property
UC School of Law
ARTICLE 622: ACQUISITION ONLY BY TITLE
Art. 622. Continuous non-apparent easements, and discontinuous ones,
whether apparent or not, may be acquired only by virtue of a title.
For legal purposes, the easement of aqueduct shall be considered as
continuous and apparent, although it is not really so.
Acquisition of easement of right of way by prescription
GR: Cannot be acquired under Article 622 because di man continuous and
exercise of the right of way.
XPN: If the greater right of ownership of property can be acquired by
prescription, there seems to be no reason why the right of way which is a
mere encumbrance on the property cannot be similarly acquired.
Circumstance when right of way is regarded as continuous
1. The uninterrupted and continuous enjoyment of a right of way
necessary to constitute adverse possession does not require the use
thereof everyday for the statutory period, but simply the exercise of
the right more or less frequently according to the nature of the use
2. An omission to use when not needed does not disprove a continuity
of use, shown by using it when needed, for it is not required that a
person shall use the easement everyday for the prescriptive period.
It simply means that he shall exercise the right more or less
frequently, according to the nature of the use to which its enjoyment
may be applied.
ARTICLE 623: DEED OF RECOGNITION OR FINAL
JUDGMENT
General: Acquisition by title but there is no document or proof showing its
origin.
Why walay document?
1. Acquired by oral contract
2. By virtue of some documents that have been lost
What happens?
1. The owner of the servient estate may voluntarily execute the deed
referred to in Article 623 acknowledging the existence of the
easement.
 If he refuses or denies the existence of the easement, the court, in
an action for the purpose and upon sufficient proof, may, in its
judgment, declare such existence.
2. Title may still be proved by preponderance of evidence.
ARTICLE 624: ALIENATION BY SAME OWNER OF TWO
ESTATES WITH SIGN OF EXISTENCE OF SERVITUDE
When applied?
1. Two estates between which there exists an apparent sign (e.g.,
window, road) of an easement, belong to the same owner.
2. Division of a common property by the co-owners as the effect is the
same as an alienation, or there is only one estate and a part thereof
is alienated.
Requirement: Sign indicating the existence of a servitude.
 Existence of the apparent sign is equivalent to a title if no objection
has been made by the servient owner for an implied contract that
the easement should be constituted is deemed to exist between the
new owners
Exception
1.
2. Apparent sign is removed before the deed of alienation is executed.
Gargantos v. Tan Yanon
In case the owner alienates either of them or both of them with the result
that the ownership thereof is divided, the easement shall “continue’’ unless
the contrary has been stipulated in the title of conveyance of either of them
or the sign removed before the execution of the deed. Actually, the
easement does not “continue,’’ for it arises or is constituted for the first time
only upon alienation of either estate, inasmuch as before that time, there
was no easement to speak of, there is but one owner of both estates.
ARTICLE 625: RIGHTS GRANTED BY EASEMENT
Examples:
1. The easement of drawing water carries with it the obligation on the
part of the servient owner to give passage to the place where the
water is to be taken (see Art. 641.)
SBA Notes—Property
UC School of Law

2. The dominant owner may make, at his own expense, on the servient (Art. 628, par. 1.) to cause the least inconvenience
estate any works necessary for the use and preservation of the to the servient owner
servitude. (Art. 627.) In right of way: To use the easement for the benefit
of immovable and in the manner
ARTICLE 626: IMMOVABLE TO BE BENEFITTED BY He can ask for a change in width of originally established.
easement sufficient for the needs of
EASEMENTS AND MANNER OF ITS EXISTENCE the dominant estate.
ask for mandatory injunction to must contribute to the necessary
Kind of Easement Kinds of rights prevent impairment of his use of expenses if there are several
If the easement has been only the rights which are reasonably the easement. (Resolme v. Lazo, 27 dominant estates in proportion to
constituted in general terms necessary and convenient Phil. 416 [1914].) the benefits derived from the
for the use contemplated and would works.
cause the least burden to the
servient estate are granted Conditions to be satisfied so that the dominant owner can make
purpose of the easement or the The exercise of the easement must necessary works
manner of its exercise is defined by be consistent with such purpose or (1) The works which shall be at his expense, are necessary for the use and
the title creating it manner. preservation of the servitude;
(2) They do not alter or render the servitude more burdensome;
Valderama v. North Negros Sugar Central Co. (3) The dominant owner, before making the works, must notify the servient
Where the easement created a right of way for the transportation in a owner; and
railway of sugarcane without limitation as to the amount of sugarcane to be (4) They shall be done at the most convenient time and manner so as to
transported and the ownership thereof, it cannot be said that the cause the least inconvenience to the servient owner.
transportation of sugarcane of other planters changes the manner or form of
exercising the easement. TN: Dominant owner shall ask reimbursement from the servient owner for
the necessary expenses (use and preservation of the servitude)
Section 3: Rights and Obligations of the Owners of
Rights of the servient owner Obligations of the servient
the Dominant and Servient Estates owner
Retain the ownership of the portion Cannot impair the use of the
Rights of the Dominant Owner Obligations of the Dominant of the estate on which the easement (Art. 629, par. 1.)
Owner easement is established (Art. 630.)
exercise all the rights necessary for cannot alter the easement or render Make use of the easement (Art. must contribute to the necessary
the use of the easement it more burdensome (Art. 627, par. 628, par. 2.), unless there is an expenses in case he uses the
1.) agreement to the contrary easement, unless there is an
make on the servient estate all notify the servient owner of works agreement to the contrary.
works necessary for the use and necessary for the use and (Art. 628, par. 2.)
preservation of the servitude (Art. preservation of the servitude (Art. Change the place or manner of the
627, par. 1.) 627, par. 2.); use of the easement, provided it be
renounce the easement if he must choose the most convenient equally convenient. (Art. 629, par.
desires to exempt himself from time and manner 2.)
contribution to necessary expenses in making the necessary works as
SBA Notes—Property
UC School of Law
ARTICLE 628: OBLIGATION TO CONTRIBUTE TO
EXPENSES OF NECESSARY WORKS
GR: The dominant owner alone shall should the expenses of necessary
works.
1. If the easement is in favor of several dominant estates, all the
owners shall share the expenses in proportion to the benefits derived
by each estate from the works and not in proportion to their
respective interests.
o Ang share kay presumed equal if way agreement to the
contrary.
2. An owner may exempt himself from contributing to the expenses by
renouncing the easement in favor of the others.
XPN: Servient owner may be obliged to contribute if he make use of the
easement in any manner whatsoever.
o Not obliged to pay if naay contrary stipulation
o Or if he renounces his property to the dominant owner.
ARTICLE 629: OBLIGATION OF SERVIENT OWNER NOT
TO IMPAIR SERVITUDE
Main point: The servient owner must abstain from constructing works or
performing any act which will impair, in any manner whatsoever, the use of
the servitude.
THREE REQUISITES TO ENABLE A SERVIENT OWNER TO CHANGE
THE PLACE OF EASEMENT.
1. Place has become very inconvenient which prevents him to make
important works on
2. Offers another place that is more convenient.
3. No injury to be caused on the dominant owner.
Magno v. Castro
An owner of land over which passes a stream of water of the public domain
has the right to carry out on his land such operation as he may deem
expedient for his interests, provided no prejudice results to the owners of
lower or adjacent estates entitled to the use of said water.
Javellana v. IAC
An easement of water right of way having been constituted on the property
of the plaintiffs as the servient estate in favor of the school premises and the
nearby lands as the dominant estates. Javellana violated Article 629 when
they closed the entrance of the canal and demolished portions of the main
dike thereby impairing the use of the servitude by the dominant estates.
Right of servient owner to change place or manner of easement
While the owner of the servient estate cannot impair the use of the
servitude, he may change at his expense the place or manner for its use
provided the following requisites are present:
(1) The place or manner has become very inconvenient to him or prevents
him from making important works thereon;
(2) He offers another place or manner equally convenient; and
(3) No injury is caused by the change to the dominant owner or to whoever
may have a right to the use of the easement.
ARTICLE 630: RIGHT OF SERVIENT OWNER TO USE
EASEMENT
Why?
Because SO preserves his dominion over the portion of his estate on which
the easement is established. This is true although the indemnity, such as for
a permanent right of way, consists of the value of the land occupied and the
amount of the damage to the servient estate.
TN: He may use the easement subject to the condition that he does not
impair the rights of the dominant owner.
Section 4: Modes of Extinguishment of Easements
Modes Definition
Merger The servitude between two estates
continues, but the owner makes use
thereof not in the exercise of a servitude
but by virtue of his right of dominion.
Non-user for ten years Applicable only to easements that have
been in use and later abandoned, for one
cannot discontinue using what one has
never used.
SBA Notes—Property
UC School of Law
Impossibility of use When the condition of either or both of
the estates which makes impossible the
use of the easement is irreparable,
whether caused by fortuitous events or
not, the servitude is absolutely
extinguished; otherwise, the impossibility
of use merely suspends the servitude
until such time when it can be used
again.
Expiration of term or Article 603(2)
fulfillment of resolutory
condition
Renuniciation GR: Made through a specific, clear, and
express waiver.
Redemption By virtue of an agreement between the
owners of the dominant and servient
estates under which the servitude would
be extinguished. It may consist in the
payment of a certain amount of money,
the doing of an act, or the performance of
some other prestation.
Other causes (1) annulment or rescission of the title
constituting the easement
(2) abandonment of the servient state
(3) termination of the right of the grantor
(4) expropriation of the servient state
because it becomes public property
(5) registration of the servient estate
under the Torrens system without the
easement being annotated in the title (in
the absence of
stipulation or actual knowledge by the
transferee)
(6) resolution of
the right of the grantor (vendee a retro)
to create the easement
(as when the land sold is redeemed by
the vendor a retro),
(7) mutual
agreement of the parties or by
renunciation of the owner of
dominant estate in case of voluntary
easement
(8) eminent domain
(9) right of way is no longer unnecessary
TN: The extinguishment of the legal easement of right of way provided in
Article 655 does not take place automatically.
Rules on Merger
 On the identity of the dominant and servient owners.
1. Merge only with respect to the part affected by the servitude or that
part for the benefit of which the servitude was established.
2. Must be absolute and complete in one and the same person and not
by virtue of real right less than full ownership.
 If temporary ra ang merge, suspension lang.
Illustration:
1. The easement is extinguished if D buys the entire servient estate, or
S buys the entire dominant estate. If S becomes a co-owner of the
dominant estate, there is no merger for he has acquired only a part
interest therein.
2. If D sells a retro the whole immovable to S, the merger is not
extinguished but only suspended, for it is merely temporary. The
servitude is revived when D redeems the property.
3. If D sells absolutely the property to S, then buys it back, and later
sells it to T. Is the servitude revived? No, because it was already
unconditionally extinguished by the sale of the property to S.
a. But if the sale to S by D was annulled or rescinded, there is
no extinguishment of the servitude by merger.
Rules on non-use for 10 years
SBA Notes—Property
UC School of Law

1. Non-use must be voluntary on the part of the dominant owner and
not due to fortuitous events beyond his control unless the non-use is
due to the impossibility of use under No. (3).
2. Non-use must be clearly shown particularly where the easement is
perpetual in character because of its annotation in the Torrens title.
Thus, the mere non-use of a passageway by the dominant owner
who has gained direct access to another way does not extinguish the
easement of right of way. In the absence of any evidence that could
point to a mutual agreement to the discontinuance of the easement
annotated on the title, its continued existence must be upheld and
respected.
3. Some legal easements (e.g., natural drainage [Art. 637]) may be
extinguished by non-user, but only with respect to the actual form or
manner in which they had been exercised (see Art. 632.), and the
right or the power to claim the exercise of legal easements does not
prescribe, as occurs especially in the case of the right of way and
easement of aqueduct.
Rules on waiver/renunciation
On form
1. The waiver must be, if not formal and solemn, at least such as may
be obviously gathered from positive acts, and the mere refraining
from claiming the right, without any positive acts to imply a real
waiver, is not sufficient for the purpose although it may constitute
non-use.
2. A clear case of implied waiver is the act of covering up a window by
the dominant owner and yet this act does not ipso facto extinguish
the easement, but only serves to make the starting point for
prescription.
1 and 2 extinguishes the easement for under the rule of ejusdem
generis, the easement is intended for the benefit only of the owners
of lots 1 and 2 and not of the public at large. The phrase “any and
all other persons whomsoever’’ is to be construed to mean only
those persons dealing with the dominant owners and the residents of
the place for which the easement was established.
ARTICLE 632: PRESCRIPTION OF FORM OR MANNER OF
USING EASEMENT
GR: The form or manner (or mode) of using the easement (Art. 626.) is
different from the easement itself or the right to exercise it.
 Both may be lost by prescription.
 The counting of the period of prescription as to the mode should be
in the same manner as that prescribed for the easement itself.
XPN: Some legal easements, however, do not prescribe but the form or
manner of using all easements including legal easements may be lost or
acquired by prescription.
ARTICLE 633: WHERE DOMINANT ESTATE OWNED IN
COMMON
Easements are indivisible. (Art. 618.) Hence, the use by a coowner inures to
the benefit of all the other co-owners and prevents prescription as to the
shares of the latter. In other words, the use by a co-owner is deemed to be
used by each and all the co-owners. (see Art. 691.)

On circumstances where the easement is in favor of a particular group of

persons
GR: The voluntary renunciation thereof by some of them will not affect the
right of the others.
 But those not intended to be embraced within the group have no
right to enjoy the easement.
 Thus, where the easement of right of way is “in favor of the owners
of lots 1 and 2, their heirs and assigns, their servants and any and all
other persons whomsoever, for their respective use, benefit, or
advantage,’’ the renunciation of the easement by the owners of lots
SBA Notes—Property
UC School of Law

damage to himself but works to regulate the

not those which will descent of the
CHAPTER 2: LEGAL EASEMENTS impede the easement
(2) May get
waters to prevent
erosion to his land and
Section 2: Easement Relating to Waters compensation if the as long as he does not
burden comes from the impede the natural flow
ARTICLE 637: Legal Easement relating to waters overflow of dams of the waters and
proceed from industrial increase the burden
Kinds of Legal Easements Relating to Waters establishments of the lower estate, he is
1. Natural drainage of lands not liable for damages
2. Drainage of buildings
3. Easement on riparian banks for navigation, floatage, fishing, salvage,
and towpath ARTICLE 638: Public Easements on banks of river
4. Easement of a dam Character of the land Indemnity
5. Easement for drawing water or for watering animals Land is publicly owned There is no indemnity
6. Easement of aqueduct Land is privately owned The property indemnity shall
7. Easement for the construction of a stop lock or sluice gate. first be paid before it may be
occupied
Natural Drainage of Lands
 Riparian owners cannot
- Impose a natural easement upon the lower estates which are obliged
to receive the waters which naturally and without the intervention of be required to subject
man (not waters, for example, from reservoirs or tanks) descend their property to the
from the higher estates, as well as the stones or earth carried by the easement for the benefit
waters. of the public without
- Continuous an may be extinguished by non-user for the period of 10 prior indemnity.
years required by law
TN: The width of the zone subject to the easement is three meters
Duty of servient Duty of dominant throughout the entire length of the bank along its margin.
owner owner
Estate Owner of the lower Owner of the higher ARTICLE 639: Abutment or buttress of a dam
estate tenement
Duties cannot construct works, Cannot make works Requisites to abutment or buttress a dam
which will impede this which will increase the 1. Not the owner of the banks or lands which must support the dam
easement, such burden 2. Must seek the permission of the owner
as walls, ditches or a. If the owner refused, must secure authority from the proper
fences, or a dam which administrative agency which will conduct the necessary
block the natural flow investigation in which all interest parties are given
of the waters. opportunity to be heard.
Rights (1) May construct works not prohibited from 3. Proper indemnity shall be paid.
to regulate the flow of cultivating
waters and prevent his land or constructing
SBA Notes—Property
UC School of Law
TN: If the construction of the dam is unauthorized, it will be considered as a
public nuisance and may be lawfully destroyed or removed by the injured
landowner or by any person acting under his directions.
ARTICLE 640-641: Drawing water or watering animals
TN: This is a personal easement which includes the accessory easement of
passage or right of way of persons and animals to the place where the
easement is to be used.
Requisites:
1. Must be imposed for reasons of public use
2. Must be in favor of a town or village
3. Must be payment of proper indemnity
ARTICLE 642-644: Easement of aqueduct
Definition: right arising from a forced easement by virtue of which the
owner of an estate who desires to avail himself of water for the use of said
estate may make such waters pass through the intermediate estate with the
obligation of indemnifying the owner of the same and also the owner of the
estate to which the water may filter or flow.
Character of the easement (Art. 646)
GR: Non-apparent and discontinuous
XPN: For legal purposes, easement is considered apparent and continuous
and, therefore, may be susceptible of acquisitive prescription.
Requisites of Easement of Aqueduct
1. Prove that he has the capacity to dispose of the water;
2. Prove that the water is sufficient for the use intended;
3. Show that the proposed right of way is the most convenient and the
least onerous to third persons; and
4. Pay indemnity to the owner of the servient estate.
GR: Easement of aqueduct can be imposed to any strcucture.
XPN: Cannot be imposed over buildings, courtyard, annexes, or garden if the
easement is for private interest.
ARTICLE 645: Rights of servient owners in easement of
aqueduct
1. may close or fence his estate, or build over the aqueduct so long as
no damage is caused to the aqueduct or the necessary repairs and
cleanings of the same are not rendered impossible.
2. can construct works he may deem necessary to prevent damage to
himself provided he does not impede or impair, in any manner
whatsoever, the use of the easement
a. If he does, the dominant owner may ask for the removal or
destruction of such works with a right to indemnity for
damages.
ARTICLE 647: Construction of a stop lock or sluice gate
Purpose: To take water for irrigation, or to improve an estate.
Requisites for this construction
1. Construction is on another person’s estate
2. Proper indemnity is to be paid
3. No damage must be caused to 3rd persons.
ARTICLE 648: Laws governing servitude or waters
All matters pertaining to the establishment, extent, form, and conditions of
the servitude of waters are governed by Articles 637 to 647 which are the
Civil Code provisions on easements of waters and by special laws relating
thereto particularly, the Water Code of the Philippines.
Section 2: Easement of Right of Way
ARTICLE 649: Definition of Easement of right of way
Definition: the right granted by law to the owner of an estate which is
surrounded by other estates belonging to other persons and without an
adequate outlet to a public highway to demand that he be allowed a
passageway throughout such neighboring estates after payment of the
proper indemnity.
SBA Notes—Property
UC School of Law

 Granted by necessity to the isolated estate for them to be able to
make full use of their properties
 Compulsory, subject to indemnity, and the concurrence of certain
conditions.
 Servient estate is legally bound to provide the dominant estate
ingress from and egress to the public highway.
Requisites of the easement
1. Claimant must be an owner of enclose immovable on with
real right
a. Owner
b. Any person why by virtue of a real right may cultivate or use
an immovable
c. Usufructuary
d. Lessee may only demand the right of way if he registers the
lease in the Registry because only through that he possess a
real right.
TN: A mortgagee is not entitled to demand because it is necessary that the
land be cultivated or used.
2. There must be inadequate outlet to a public highway.
a. Either way outlet or access to public highway
b. Or if naa man gale, inadequate lang
i. Very difficult
ii. Very costly
iii. Not always unavailable
iv. Requires travel at a long distance.
Resolme v. Lazo
The owner of the servient estate subject to the easement cannot obstruct
the use of the easement, as when he fences the original right of way and
moves the path to another portion of his land if the proposed new location is
farther and is not as convenient as the original path. He may be restrained
by injunction.
3. The right of way must be absolutely necessary for the
enjoyment of his property
- Not due to convenience lang
- There must be real necessity
- For the benefit of a tenement with an inadequate outlet but not
when the outlet is merely inconvenient.
Floredo v. Llenado
When a person has already established an easement of this nature in favor
of his tenement, he cannot demand another, even if the first passage has
defects which make passage impossible, if those defects can be eliminated
by proper repairs.
4. Isolation must not be due to the claimnant’s own act
- He cannot, by his own act, isolate his property from a public highway
and then claim an easement of way through an adjacent estate. It
will not do to assert that use of the passageway was difficult or
inconvenient.
5. The easement must be established at the point least
prejudicial to the servient estate.
- Ideally kay the way is shortest and will cause the least damage pero
if di pwede, ang makacause ug least damage.
Quiment v. CA
As between a right of way that would demolish a store of strong materials to
provide ingress to a public highway, and another right of way which although
longer will only require a tree to be cut down, the second alternative should
be preferred.
6. There must be payment for proper indemnity
- Payment precedes the exercise of right of way
Kind of easement of right of Value of the indemnity
way
Continuous and permanent (for all Value of the land + amount of
the needs of the dominant estate) damages caused to the servient
estate
Temporary limited to the necessary Payment of the damage caused to
passage for the cultivation of the the servient estate.
enclosed state and for the
gathering of its crops through
servient estate without permanent
way
KINDS OF EASEMENT OF RIGHT OF WAY
SBA Notes—Property
UC School of Law

Private Public A dominant proprietor has a right to demand a driveway for his automobile
Established in favor of a private Available in favor of the community and not a mere pathway of persons.
person or public at large
ARTICLE 652-53: WHERE LAND OF TRANSFEROR OR
CASES INVOLVING PUBLIC EASEMENTS
TRANSFEREE ARE ENCLOSED
North Negros Sugar Co. v. Hidalgo Land Obligation to Payment of indemnity
This easement may be constituted voluntarily except that the right to open grant a right of
roads and charge passage fees therefor is the State’s right of sovereignty way
and may not be taken over by a private individual without the requisite Buyer’s etc land Yes No. Transferee is not
permit. This, however, would affect only the right of the owner to charge enclosed obliged to pay indemnity
tolls but not that of the public to make use of the easement. for the easement as the
consideration for the
La Vista Association Inc v. CA transfer is presumed to
A voluntary easement can be extinguished only by mutual agreement of the include the easement
parties or by renunciation by the owner of the dominant estate. without the indemnity
Donee’s land enclosed Yes Art. 652 is not applicable
PD No. 1529 because the donor
If there is a preexisting right of way in favor of the government, then the receives nothing for his
servient owner should recognize it even if it was not annotated in the property
certificate of title. However, if the right of way proceeds the registration of Seller’s etc. land May demand for GR: Shall be obliged to
title, the public use may be imposed only after the expropriation proceedings enclosed the right of way pay indemnity
and payment of just compensation. XPN: The purchaser
agreed to grant right
National Irrigation Administration v. CA without indemnity
No indemnity given to the servient owner if the land was originally public Donor’s land enclosed Yes Donor shall not be liable
land and only awarded to the respondent through free patent. for indemnity

ACQUISITION AND EXTINGUISHMENT BY PRESCRIPTION

ARTICLE 654: RESPONSIBILITY FOR REPAIRS AND
GR: Easement of right of way can only acquired through title because it is TAXES
discontinuous. Applies only: Right of way is permanent
XPN: Under the conditions in 649.
Who pays the taxes?
ARTICLE 650: WIDTH OF THE PASSAGE Servient owner because he retains ownership of the passageway.
The width depends upon the needs of the width property and these needs  Pero mu-proportionately share ang dominant owner (amount of the
may vary from time to time. taxes corresponding to the portion on which the easement is
established).
Larracas v. Del Rio
SBA Notes—Property
UC School of Law

ARTICLE 655: EXTINGUISHMENT OF COMPULSORY 1. Relevant ordinances and regulations

2. Usages and customs of the place
EASEMENT
What are the two causes? TN: The maximum width depends on whether it is an animal path or an
1. Joining of the isolated estate to another abutting a public road animal trail. If the establishment of the easement is compulsory, the width
2. Opening of a new road which gives access to the estate. should not exceed 10 meters.
TN: Extinguishment is only effected when the owner of the servient estate Article 657 in relation to Arts. 460-61
demands the extinguishment of the right of way. Articles 640 and 641 referred to in the provision relate to easement for
 Dominant owner cannot ask for the of return the indemnity if the drawing waters and for watering animals. They can be imposed only for
servient owner chooses to allow the continuation of the easement. reasons of public use in favor of a town or barrio and only after payment of
the proper indemnity which shall include that for the passage required to be
Kinds of Easement Obligations of the servient allowed to persons and animals to the place where such easements are to be
owner used.
Permanent passage Return the value of the land
occupied and the damage caused to
the servient estate Section 4: Easement of Party Wall
 SO not liable to pay interest
as the interest is deemed to ARTICLE 658: GENERAL OVERVIEW OF PARTY WALL
be payment for the use of
the easement Definition of easement of party wall
Temporary or discontinuous Nothing to return because the Refers to all those mass of rights and obligations emanating from the
indemnity is considered the existence and common enjoyment of wall, fence, enclosures or hedges, by
compensation of the damage the owners of adjacent buildings and estates separated by such objects.
already suffered
Nature of party wall
ARTICLE 656: TEMPORARY EASEMENT OF RIGHT OF Common wall which separates two estates, built by common agreement at
WAY the dividing line such that it occupies a portion of both estates on equal parts
 A kind of compulsory co-ownership in which the parties are part-
Requisites for temporary easement of right of way to apply
owners
1. Owner (comprehends the usufructuary)
o Each owner owns part of the wall but it cannot be separated
2. Improvement, alteration, or beautification is necessary yet
essentially temporary. from the other portions belonging to the others. A party wall
3. Easement is indispensable has a special characteristic that makes it more of an
- Sufficient that great inconvenience, difficulty, or expense would be easement as it is called by law.
encountered if the easement were not granted. o An owner may use a party wall to the extent of the ½
portion on his property. Not all common walls or walls in
coownership are party walls. Thus, a wall built on a lot co-
ARTICLE 657: RIGHT OF WAY FOR THE PASSAGE OF owned by two persons is a common wall but not a party
LIVESTOCK wall.
Hierarchy of laws governing the right of way for the passage of
livestock Party Wall Co-ownership
SBA Notes—Property
UC School of Law

the shares of the co-owners cannot the shares of the co-owners can be ARTICLE 660: EXTERIOR SIGNS REBUTTING
be physically segregated but they divided or separated physically,
PRESUMPTION
can be physically identified before such division, a co-owner
The following are exterior signs rebutting the presumption of a party wall
cannot
1. Whenever in the dividing wall of buildings there is a window or
point to any definite portion of the
opening;
property as belonging to him
2. Whenever the dividing wall is, on one side, straight and plumb on all
Co-owners may use the community None of the co-owners may use the
its facement, and the other, it has similar conditions on the upper
property for his exclusive benefit community property for his
part, but the lower part slants or projects outward;
because he would be invading the exclusive benefit because he would
3. Whenever the entire wall is built within the boundaries of one of the
rights be invading the rights
estates;
of the others of the others
4. Whenever the dividing wall bears the burden of the binding beams,
Any owner may free himself from Partial renunciation is allowed.
floors and roof frame of one of the buildings, but not those of the
contributing to the cost of repairs
others;
and construction of a party wall by
5. Whenever the dividing wall between courtyards, gardens, and
renouncing all his rights thereto
tenements is constructed in such a way that the coping sheds the
water upon only one of the estates;
6. Whenever the dividing wall, being built of masonry, has stepping
ARTICLE 659: WHEN EXISTENCE OF EASEMENT OF stones, which at certain intervals project from the surface on one
PARTY WALL side only, but not on the other;
GR: Structures that are referred to as party walls: 7. Whenever lands inclosed by fences or live hedges adjoin others
1. Dividing walls of adjoining buildings up to the point of common which are not inclosed.
evaluation
2. Dividing walls of gardens or yards situated in cities, or towns, or in TN: The list of the signs is not exclusive
rural communities.
3. In fences, the walls and live hedges dividing rural lands. In these cases, the wall is exclusively owned by the owner of the estate
which has in its favor the presumption based on any of the above exterior
XPN: title or exterior sign, or any other proof showing that the entire wall in signs.
controversy belongs exclusively to one of the adjoining property owners.
Case v. Heirs of Tuason
Valenzuela v. Unson Existence of unquestionable signs consists of constructions made by the
Considering the fact that the wall is supported by buttresses on both sides, dominant owner on his own property. Three openings have been made in
and considering that both parties have used the wall for the purpose of the wall, undoubtedly to allow the passage of air and light. Two of them are
supporting the structures on their respective lots, and considering the fact beveled on the side toward the land of the objectors, and the third has
that the plaintiffs have a wall joined to the wall in question and that they and recently been beveled on the other. A rafter or lintel was found imbedded in
the defendants have used the wall as a partial support for the kitchen, and the wall on the side of the property of the opponents.
considering the conflicting character of the testimony with reference to the
ownership of the wall, together with the exterior signs of the same, we are These things constitute exterior signs and were recorded as the result of
of the opinion that the said wall is a party wall, that it belongs to the personal inspection by the trial court in company with the experts of both
petitioners and objectors jointly. parties. These signs positively and conclusively prove that the said wall is not
a party wall, but the exclusive property of the defendant.
SBA Notes—Property
UC School of Law
TN: In case of conflict between a title evidencing ownership to a wall and
exterior sign, the former must prevail for the latter merely gives rise to an
inference of ownership.
ARTICLE 661: DITCHES OR DRAINS BETWEEN TWO
ESTATES
The deposit of earth or debris on one side alone is an exterior sign that the
owner of that side is the owner of the ditch or drain.
 The presumption is an addition to those enumerated in Article 660
and is likewise rebuttable.
ARTICLE 662: CONTRIBUTION TO COST OF REPAIRS
AND CONSTRUCTION OF PARTY WALLS
GR: Part-owners of the party wall shall contribute to the cost in proportion
to their respective interests provided that the need arise from fortuitous
event or any cause no attributable to the fault of any one of the part-owners.
XPN: No need to contribute if the co-owner renounces his right in the
property
XPN2XPN: No renunciation if the party wall actually supports his building.
TN: Renunciation must be total which pertains to his part ownership so this
includes the land on which the party wall is constructed.
ARTICLE 663: DEMOLITION OF BUILDING SUPPORTED
BY PARTY WALL
Explanation
Form of renunciation of his part ownership of a party wall.
How? Destroy the building supported by the wall
Effects? The owner SHOULD bear all the expenses of repairs and work
necessary to prevent any damage which the demolition may cause to the
party wall.
 Liability is only limited to damages suffered SIMULTANEOUSLY,
DURING, OR IMMEDIATELY AFTER, and BY REASON OF
DEMOLITION.
ARTICLE 664-65: INCREASING HEIGHT OF PARTY WALL
Requisites in increasing height of party wall
1. Can do so but must shoulder the expenses (especially those
necessary so that the wall can bear the increased height)
2. Must pay for any damage which may be caused thereby even if the
damage is temporary
3. Must bear the cost of maintaining the portion added; and
4. Must pay the increased cost of preserving the wall.
5. Must provide the spaced needed if additional thickness is required.
TN: If the conditions are complied with, the other owners cannot object to
the work.
As to the ownership of the additional wall
GR: Owner who makes the addition acquires ownership.
XPN: Unless the other owners proportionately pay the value of the work at
the time of the ACQUISITION and of the value of the land used for the wall’s
increased thickness.
ARTICLE 666: PROPORTIONAL USE OF PARTY WALL
Proportional payment results to proportional payment.
Thus, if X owns 2/3 of the party wall and Y, 1/3, X may use the wall (e.g.,
insert a beam therein) up to 2/ 3 of its thickness, and Y, up to 1/3. This is
just.
Section 5: Easement of Light and View
ARTICLE 667: DEFINITION OF EASEMENT OF LIGHT
Definition of easement of light:
The right to admit light from the neighboring estate by virtue of the opening
of a window or the making of certain openings. Does not have to include
easement of view.
Definition of easement of view:
The right to make openings or windows, to enjoy the view through the
estate of another and the power to prevent all constructions or works which
would obstruct such view or make the same difficult. It necessarily includes
the easement of light.
SBA Notes—Property
UC School of Law

ARTICLE 668: PRESCRIPTIVE PERIOD FOR When wall becomes a party wall
A part-owner has the following right:
ACQUISITION OF EASEMENT OF LIGHT AND VIEW
1. can order the closure of the opening because no part-owner may
Easement of light and view may either be POSITIVE or NEGATIVE. make an opening through a party wall without the consent of the
others.
Kind of easement How Prescriptive period 2. Can also obstruct the opening UNLESS easement of light has been
Positive easement of (1) made through a 10 years from the time acquired by prescription.
light and view party wall of the opening of the
(2) make on one’s own window.
wall ARTICLE 671: DIRECT AND OBLIQUE VIEWS
Negative easement of window is made 10 years from the time Article 670 measurements Article 671 measurements
light and view through a wall on the of the formal 20 meters for direct view No specific numbers but only
dominant estate. prohibition upon the provides the manner of getting the
adjoining owner. measurements
60 meters for oblique or side views
TN: A party wall is not for the opening of windows; its purpose is to support
the buildings of the part-owners. When a window is opened through a party An owner can build within the minimum distance or even up to the dividing
wall, an apparent and continuous easement (Art. 620.) is created from the line provided no window is opened except as provided in Article 669.
time of such opening. But there is no true easement as long as the right to
prevent its use exists. ARTICLE 672: WHERE BUILDINGS SEPARATED BY A
PUBLIC WAY OR ALLEY
ARTICLE 669: OPENINGS AT HEIGHT OF CEILING Public way Private alley
JOINTS TO ADMIT LIGHT Prescribed distance is not Same rules as public way
compulsory PROVIDED that it is
When wall is not a party wall not less than three meters wide.
Owner of a wall NOT A PARTY wall may make an opening for admitting light
and air BUT NOT FOR VIEW, subject to the following restrictions.
TN: The width of the way or
(a) The size must not exceed thirty centimeters square;
(b) The opening must be at the height of the ceiling joists or immediately alley is, however, subject to
under the ceiling; special regulations and local
(c) There must be an iron grating imbedded in the wall; and ordinances
(d) There must be a wire screen.

Choco v. Santamaria ARTICLE 673: WHERE EASEMENT OF DIRECT VIEW HAS

If a house consists of more than one story, each story, may have the same
openings which are provided by law for one house. And once it is established
by the evidence that a house has been built, with two meters of the dividing
line (see Art. 670.), no other windows than those provided in Article 669 may
be opened in its wall.
BEEN ACQUIRED
Art. 673. Whenever by any title a right has been acquired to have direct
views, balconies or belvederes overlooking an adjoining property, the owner
of the servient estate cannot build thereon at less than a distance of three
meters to be measured in the manner provided in article 671. Any stipulation
permitting distances less than those prescribed in article 670 is void.
SBA Notes—Property
UC School of Law

Title refers to any modes of acquiring easements. customs of the place, and in the absence thereof, at a distance of at least
1. Contract two meters from the dividing line of the estates if tall trees are planted and
2. Will at a distance of at least fifty centimeters if shrubs or small trees are planted.
3. Donation Every landowner shall have the right to demand that trees hereafter planted
4. Prescription at a shorter distance from his land or tenement be uprooted.

TN: The distance may be increased or decreased by stipulation of the parties The provisions of this article also apply to trees which have grown
provided that in case of decrease, the minimum distance of two meters or spontaneously. (591a)
sixty centimeters prescribed in Article 670 must be observed; otherwise, the
stipulation shall be void. The said distances involve considerations of public  Kind of easement: Negative easement.
policy and the general welfare; hence, they should not be rendered  Governing laws in hierarchical order:
ineffective by stipulation. 1. Local ordinances
2. Customs of the place
3. Article 679.
Section 7: Intermediate Distances and Works for
 Description of easement: Provides the minimum distances of trees
Certain Constructions and Plantings and shrubs from the boundary line.
ARTICLE 677: CONSTRUCTIONS AND PLANTINGS NEAR  Purpose: Prevent the planting from encroaching into neighboring
tenements.
FORTIFIED PLACES  Penalty for violation: landowner shall have the right to demand the
Established an easement in favor of the State because it is dictated by the uprooting of the tree or shrub even if it has grown spontaneously.
demands of the national security.
ARTICLE 680: INSTRUSIONS OF BRANCHES OR ROOTS
ARTICLE 678: CONSTRUCTION OF AQUEDUCT, WELL,
INTO NEIGHBORING STATES
SEWER, ETC.
Kind of intrusion Rights of the adjoining owner
Branches (1) Demand that they be cut-off by
Constructions which by reason of their nature or products are dangerous or
the tree owner insofar as they
noxious must comply with the distances prescribed by local regulations and
spread over former’s property.
customs of the place.
(2) Judicial recourse if ever the tree
 Owner must take the necessary protective works or other
owner refuses to heed the demand
precautions to avoid damage to neighboring estates.
Roots (1) Cut them off if they penetrate
into his land (no need of notice kay
The prohibitions in Article 678 cannot be altered or renounced by stipulations
this is already a form of accession)
because they involve considerations of public policy and general welfare;
hence, they may not be rendered nugatory or ineffective by stipulation of the
TN: Di makacomplain ang adjoining owner kay the intrusion is already
adjoining owners.
accession. Thus, sya ang owner sa intruding branches and roots.

ARTICLE 679: PLANTING OF TREES

ARTICLE 681: FRUITS NATURALLY FALLING UPON
Art. 679. No trees shall be planted near a tenement or piece of land ADJACENT LAND
belonging to another except at the distance authorized by the ordinances or  Adjacent owner owns the fruits if it fell naturally on his land.
SBA Notes—Property
UC School of Law

 If the fruits fell on a public property, the owner of the tree retains
the ownership.
 If the land is held in usufruct, the usufructuary owns the fruits.
Section 8: Easement against Nuisance
ARTICLE 682-83: PROPRIETOR OR POSSESSOR OF
LAND OR BUILDING IS PROHIBITED FROM
COMMITTING NUISANCE
Kind of easement: Negative because the proprietor or possessor is prohibited
to do something which he could lawfully do.
 Nuisance an unlawful act or omission
Owner may make excavations SUBJECT TO THE LIMITATION that this
excavation shall not deprive any adjacent land or building of sufficient lateral
or subjacent support.
 Limitation applies to both existing buildings and to future
constructions
GR: Notifications regarding excavations are mandatory
XPN: Not anymore necessary when there is actual knowledge of the
proposed excavations.
Reliefs available for the adjacent owner if the easement on subjacent and
lateral support is violated: INJUNCTIVE RELIEF WITH DAMAGES.

CHAPTER 3: VOLUNTARY EASEMENTS

Section 9: Lateral and Subjacent Support ARTICLE 688: OWNER OF LAND MAY CONSTITUTE
EASEMENT
ARTICLE 684-87: PROPRIETOR PROHIBITED FROM Who:
MAKING DANGEROUS EXCAVATIONS GR: Owner or agent under his authority (SPA)
XPN: Usufructuary/beneficial owner may impose TEMPORARY EASEMENT
Art. 684. No proprietor shall make such excavations upon his land as to
deprive any adjacent land or building of sufficient lateral or subjacent Trias v. G. Araneta Inc.
support. An owner of a residential subdivision, for example, may validly insert in the
contract of sale of lots to private owners a prohibition against the
Art. 685. Any stipulation or testamentary provision allowing excavations that construction of factories thereon and require its annotation on the transfer
cause danger to an adjacent land or building shall be void. certificate of title. It is in reality an easement which the owner may impose
under Article 688 for the purpose of assuring lot purchasers that the peace
Art. 686. The legal easement of lateral and subjacent support is not only for and quiet of the place will not be disturbed by the noise or smoke of
buildings standing at the time the excavations are made but also for factories in the vicinity. The limitation is essentially a contractual obligation.
constructions that may be erected. While it restricts ownership, it is reasonable and not contrary to public policy.
The existence of a zoning ordinance prohibiting factories in the area is
Art. 687. Any proprietor intending to make any excavation contemplated in immaterial.
the three preceding articles shall notify all owners of adjacent lands.
ARTICLE 689: WHERE PROPERTY HELD IN USUFRUCT
Lateral Support Subjacent Support
The owner of property in usufruct may create easements thereon without
Supported and supporting land are Supported land is above and
the consent of the usufructuary provided the rights of the latter are not
divided by vertical plane supporting land is beneath it.
impaired.
SBA Notes—Property
UC School of Law

ARTICLE 690: CREATION OF PERPETUAL USUFRUCT renunication must be total

Where the naked ownership and the beneficial ownership of the estate Contribute to the works necessary Express renunciation is needed.
belong to different persons, and the easement is perpetual (e.g., permanent for the use and preservation of the
right of way), the consent of both the naked owner and the beneficial owner servitude
is required.
TN: Renunication entails the abandonment of the servient estate to the
dominant owner.
ARTICLE 691: IMPOSITION OF EASEMENT ON
UNDIVIDED PROPERTY
The creation of a voluntary easement on property owned in common
requires the unanimous consent of all the co-owners.
 Can be given simultaneously or successively
 Once consent is given by a co-owner, the same is binding upon him
and his successors unless his consent was vitiated by fraud, mistake,
etc.

ARTICLE 692: RULES GOVERNING VOLUNTARY

EASEMENTS

Voluntary easements are governed:

(1) If created by title, such as contract, will, etc., then by such title;
(2) If created by prescription, by the form and manner of possession of the
easement (see Art. 632.); and
(3) In default of the above, by the provisions of the Civil Code on easement.

ARTICLE 693: WHERE SERVIENT OWNER BOUND

HIMSELF TO BEAR COST OF MAINTENANCE OF
EASEMENT
Applies only: Servient estate owner bounds himself to bear the cost of the
work required for the use and preservation of the easement.

Bind
Fulfill the obligation he has
contracted in the same way that
such an owner should he make use
of the easement
Renounce
GR: (1) May be over the whole
servient tenement
(2) may be on the portion thereof
affected by the easement

XPN: if the easement affects the

entire servient estate, then the
SBA Notes—Property
UC School of Law