Easements | Ownership | PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

CIVIL LAW: IX. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS > B. OWNERSHIP > 9. EASEMENTS

Easements, also known as servitudes, are among the most important property rights in civil law. They create a burden on one piece of land (servient estate) for the benefit of another (dominant estate) or for the benefit of a person or group. The provisions governing easements are primarily found in the Civil Code of the Philippines (Republic Act No. 386), particularly in Book II, Title VII (Articles 613–692). Below is a detailed discussion of this legal concept.

1. Definition of Easement

An easement is defined as an encumbrance imposed on an immovable property for the benefit of another immovable property belonging to a different owner or for the benefit of a particular person or group.

  • Two Types:
    • Real Easements: Benefit a dominant estate.
    • Personal Easements: Benefit a person or group directly.

2. General Characteristics of Easements

  1. Real Right: Easements are a form of real right, attaching to the property rather than the owner.
  2. Indivisibility: Easements are indivisible. They cannot be divided if the servient or dominant estate is subdivided.
  3. Non-possessory: The owner of the dominant estate or holder of the easement does not acquire possession of the servient estate but merely a limited use of it.
  4. Accessory Nature: Easements are accessory to ownership, existing only in relation to immovable property.
  5. Intransmissibility in Personal Easements: Personal easements are non-transferable unless explicitly allowed.

3. Classification of Easements

A. As to Use or Purpose

  1. Continuous vs. Discontinuous

    • Continuous: Operate without human intervention (e.g., a drainpipe).
    • Discontinuous: Require human intervention (e.g., a pathway).

  2. Apparent vs. Non-Apparent

    • Apparent: Observable physical signs (e.g., a window).
    • Non-Apparent: No visible signs (e.g., right to not build above a certain height).

4. Modes of Creation

Easements can be created in the following ways:

  1. By Law (Legal Easements):

    • Mandatory and imposed by the Civil Code for the public or private interest.
    • Examples: Easements of drainage (Article 637), light and view (Article 668), and right of way (Article 649).

  2. By Agreement (Voluntary Easements):

    • Established through contracts between property owners.
    • Requires compliance with the formalities for contracts involving real property (e.g., written form and registration).

  3. By Prescription:

    • Continuous and apparent easements can be acquired through uninterrupted use for 10 years.

  4. By Will:

    • The owner of an estate may establish an easement through a last will and testament.

  5. By Title or Grant:

    • Arises when a specific easement is granted through a legal deed.

5. Rights and Obligations

A. Dominant Estate

  1. Rights:

    • Use the servient estate in accordance with the terms of the easement.
    • Demand the removal of obstacles to the exercise of the easement.
    • Transfer the easement if it is real and attached to the dominant estate.

  2. Obligations:

    • Exercise the easement with the least inconvenience to the servient estate.
    • Perform any necessary maintenance unless otherwise agreed.

B. Servient Estate

  1. Rights:

    • Retain ownership of the servient property.
    • Use the servient estate in ways not inconsistent with the easement.
    • Demand compensation for damages caused by the easement.

  2. Obligations:

    • Allow the dominant estate to exercise the easement.
    • Refrain from acts that would impair the easement.

6. Extinguishment of Easements

Easements can be extinguished through:

  1. Merger: Ownership of the servient and dominant estates is consolidated in one person.
  2. Abandonment: The dominant estate owner renounces the easement in a public document.
  3. Expiration of Term or Fulfillment of Condition: If the easement is temporary or conditional.
  4. Prescription: Non-use for 10 years in discontinuous easements or obstruction for 10 years in continuous ones.
  5. Impossibility of Use: If the easement becomes permanently impossible to use.
  6. Expropriation: If the government expropriates the servient estate for public use.

7. Legal Easements

Examples of Legal Easements (Article 613 onwards):

  1. Right of Way (Articles 649–657):

    • Necessary for a landlocked property to access a public road or resource.
    • Owner of the servient estate is entitled to indemnity.

  2. Drainage of Waters (Articles 637–640):

    • Lower estates must accept water naturally flowing from higher estates.
    • Costs of artificial drainage borne by the dominant estate.

  3. Support (Articles 685–687):

    • Obligations on owners of adjoining buildings to ensure stability.

  4. Light and View (Articles 668–673):

    • Restrictions on building near windows or openings of an adjacent estate.

  5. Party Walls and Fences (Articles 658–666):

    • Rights and obligations concerning shared walls or fences.

8. Registration

  • Easements must be registered to bind third parties.
  • Non-registered easements may still be valid between the parties but are ineffective against third-party buyers in good faith.

9. Case Law and Interpretation

Judicial interpretations of easements in the Philippines highlight these principles:

  • The necessity of balancing the rights of the dominant and servient estates.
  • The requirement of strict construction in favor of the servient estate.
  • Recognition of easements as a tool to resolve conflicts between adjacent landowners.

Conclusion

Easements form a critical part of property law, serving as mechanisms to reconcile individual property rights with practical necessities and communal harmony. Understanding their nuances is essential for navigating real property disputes and ensuring compliance with Philippine law.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login