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Encumbrance of the ones property for the benefit ofanother immovables [Art.613 (1)]
or of another person/s or of community(Art. 614)
It is not created by the Court (Art. 619)Merely declare its existence by virtue of recognition by the owner ofservient estate. (Art. 623)
It is created bylawor bywill of the owners ormixed
Legal easementVoluntary easement
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Servient Estate
- burdened estate
- NOT cancellation of rights
Dominant Estate-in favor on which is established-benefited otherwise no easement- may not exercise but can exercise- limited use only but NO possession
Properties Involved in an Easement
Article 613 (2)
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Easementdistinguished fromUsufruct Easement
Cannot be alienated
The use is specific
Usufruct
Generally can be
alienated
The use is broad
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Effects of the Easements Established All the necessary rights are granted (Art. 625) The Original Purpose of use only. (immovables)(Art. 626) Inseparable to which they belong (Article 617)
Hence, it cannot be sold or donated or mortgage independently to which theymay be attached
In case of registration under Torrens System On dominant estatewithout registration of the voluntary easement
Does not extinguish easement
On servient estatewithout registration of the easement burdening Extinguishes the easement 1
Exception:
If third person has actual knowledge of the existence ofeasement2
Therefore if the servient estate is registered but third person has actualknowledgeof the existence of the easement, the same is not extinguished
1Santos v. Reyes, 46 O.G. No, 15, p. 3140; 2Mendoza v. Rosel, 74 Phil. 87
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Effects of the Easements
Established
Indivisible (Article 618)
Effects of division of
Servientestate:
Easement is not modified Each part owner must bear which it corresponds
Dominant estate :
The place of easement cannot be changed or make itburdensome
Each part owner may use the entire easement corresponding
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Classification of EasementsAccording to Party Given the Benefit
Real (Art. 613) For the benefit of another immovable belonging to different
owners e.g. (Art. 637: Easement of water where lower estate are obliged
to allow water naturally descending from upper estate to lowerestates)
Personal (Art. 614) For the benefit of anotherperson/s or of community (not for
the owner) e.g. (Art. 657: Easement of Right of Way for passage of
livestock)
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Classification of Easements(Art. 615)According to Manner They are Exercised
Continuous Their use is incessant without intervention of any act of man
(it is enough that the use could be incessant) e.g. Easement of drainage
Discontinuous Their use is at intervals and depend upon acts of man
E.g. Easement of right of way
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Classification of Easements(Art. 615)According to whether or not is indicated
Apparent Those made known and continually kept in view by external
signs. e.g. right of way when there is permanent path
Non-apparent
They show no external indication of their existencee.g. negative easements
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Classification of EasementsAccording to Purpose and Nature of the Limitation
Positive The servient is obliged to 1: allow something to be done or 2:
to do it himself 1. (Art. 668: Easement of light and view in a party wall)
2. duty to cut off tree branches extending over the neighboringestate
Negative The owner of the servient estate is prohibited something in
which he could do it lawfully if easement does not exist
Art. 667. Opening of the party wall without the consent of theother part-owner
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Modes of Acquiring Easements
Kinds of Easements acquired:
By virtue ofTitle only:(Art. 622) Discontinuous and Apparent
Continuous and non-apparent
Discontinuous and non apparent
Existence of apparent signs established or maintainedby servient and ownerunless the contrary is provided in the conveyance of title (Art. 624)
By virtue ofTitle and Prescription of 10 years
Continuous and apparent (Art. 620)Meaning ofTitle
- juridical act or law sufficient to create the encumbrance i.e. law, donation, testamentary succession,contracts
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Computation of Prescription(Art. 621)(Positive easement, time of possession)
Prescription Runs From: The day owner of dominant estate or person who may use
commenced to exercise it on the servient estate(Negative easement)When the act of prohibition is acknowledged before a notary
public
It is to be noted that in general non-apparent easements arenot acquired by prescription. In negative easement althoughnot apparent, can be acquired by prescription because ofnotarial prohibition which make it apparent.
(Art. 623) : Recognition of the owner of servient or judicial declaration
if no proof showing existence of easement for purposes ofprescription
h d bl f h
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Rights and Obligations of the
owner of the Dominant and
Servient Estates
Dominant Estate/s
Rights Obligations
Makes necessary worksto use and preserve(Art. 625)
But not to alter it or
make it burdensomee.g. Right of Way:he cannot increasethe agreed width ofthe path, nor depositsoil
Notify the owner ofthe servient estate inconvenient time ofthe servient (Art.627)
Contribute for theworks and
preservation (severaldominant)(art 626)
To renounce totally hisbenefits should he refuseto contribute
Ask for MandatoryInjunction to prevent
impairment of the use
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Servient Estate
Rights Obligations
In general, Not to impairthe use of easement [Art.
629(1)]
Contribute the sameproportion unless anagreement provideotherwise (Art. 628)
May use the easement
To change the locationof a very inconvenienteasement provided thatan equally convenientsubstitute is madewithout injury to thedominant estate [Art.629 (2)]
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Extinguishment of Easements
Civil Code (Art. 631)
Merger ofdominant and servient estate The merger must be absolute, complete and not temporary
Non-use of ten years Continuous from the day the contrary act appears
Discontinuous - use ceases Impossibility of use
Permanent But revive the use if it permits unless barred byprescription
Renunciation of the owners of dominant estate Fulfillment of the Condition
Redemption Agreed upon
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Other Causes of extinguishment Expropriation or Abandonment of the servient estate
Annulment, rescission, or cancellation of title
constituting easement Non-registration of easement by the servient
Demand of the owner of the servient estate for theextinguishment of right of way. (Art. 655)