Characteristics of Easements under Philippine Civil Law

Easements, also known as servitudes, are real rights that grant a person or a piece of property the ability to use another person's property or impose certain restrictions upon it. The characteristics of easements are governed by the Civil Code of the Philippines, primarily under Articles 613 to 707. Below is an exhaustive discussion of their key characteristics:

1. Accessory Real Right

An easement is an accessory real right; it cannot exist independently and must always be tied to a principal real right, usually ownership.
The easement adheres to the property it burdens or benefits, rather than being tied to a specific person (in the case of real easements).

2. Indivisibility

Indivisibility of Easement: An easement cannot be divided. Even if the dominant or servient estate is divided among different owners, the easement continues to exist in its entirety for each portion, provided that the easement is applicable to the entirety of the property.
Example: A right of way easement remains intact regardless of the partition of the dominant estate.

3. Perpetuity (Generally)

Easements are presumed to be perpetual unless explicitly stipulated as temporary.
Easements often attach permanently to the dominant and servient estates, meaning they endure for as long as the properties themselves exist, unless otherwise terminated by legal means.

4. Impossibility of Ownership of the Easement Alone

Easements cannot be owned separately from the property to which they pertain. They are tied to the dominant or servient estate and cannot be transferred independently.

5. Limitations on Ownership

Easements inherently limit the servient owner’s rights over their property, as the servient estate must allow the exercise of the easement.

6. No Positive Obligation to Perform (Generally)

An easement typically does not require the servient owner to perform an active obligation (e.g., providing maintenance). Instead, the servient estate must passively allow the dominant estate to exercise its right.
Exception: When stipulated or required by law, the servient owner may bear certain responsibilities, such as maintaining structures necessary for the easement.

7. Inherently Imposed on Property, Not Persons

Easements primarily pertain to property, not to the individual owner of the servient or dominant estate. They are passed to successors-in-interest of the estates involved.

8. Classification of Easements

Easements can be classified based on their characteristics:

a. By Use

Positive Easements: Allow the dominant estate to perform an act on the servient estate (e.g., right of way).
Negative Easements: Restrict the servient estate from performing an act (e.g., prohibiting the construction of a structure that blocks light or view).

b. By Creation

Voluntary Easements: Established by agreement or will of the parties.
Legal Easements: Mandated by law for public interest or necessity (e.g., right of way for landlocked properties).

c. By Apparency

Apparent Easements: Perceived through external indications or signs (e.g., a visible pathway).
Non-apparent Easements: Have no visible indicators (e.g., a prohibition against building).

d. By Connection

Continuous Easements: Exercised continuously without human intervention (e.g., drainage of water).
Discontinuous Easements: Require human intervention for their exercise (e.g., right of way).

9. Requisites for Valid Easement Creation

Proper Dominant and Servient Estates: There must be two distinct properties involved—one benefitting (dominant estate) and one bearing the burden (servient estate).
Lawful Cause or Title: Easements must have a legal or contractual basis.
Public or Private Benefit: Easements may exist for the benefit of private properties or the general public.

10. Modes of Creation

By Law: Legal easements are imposed for necessity or public benefit (e.g., easement for water drainage).
By Contract or Agreement: Parties may voluntarily create an easement through mutual consent, subject to proper registration.
By Prescription: Easements may be acquired through continuous and adverse use for a specific period (generally 10 years for immovables).
By Destination of the Owner: When an owner of a property separates it into two parts, creating an apparent and continuous use that suggests an easement.
By Necessity: When an easement is indispensable for the use or enjoyment of the dominant estate (e.g., right of way for landlocked property).

11. Extinguishment of Easements

Easements may be terminated by:
1. Merger of Estates: When the dominant and servient estates come under the same ownership.
2. Permanent Impossibility of Use: When the easement becomes permanently unusable (e.g., destruction of the servient estate).
3. Non-Use (Prescription): Continuous non-use of the easement for a specific period (10 years for immovables).
4. Renunciation by Dominant Estate Owner: The owner of the dominant estate may renounce the easement explicitly.
5. Expiration of the Period: If the easement was created with a specific time limit.
6. Mutual Agreement: The parties involved may agree to extinguish the easement.

12. Easements in Favor of the Public Interest

Certain easements are created for public welfare, such as easements for light and air, water use, and passage. These are often imposed by law and cannot be waived or ignored.

13. Obligations of the Servient and Dominant Estate Owners

Servient Estate Owner:
- Allow the dominant estate to exercise the easement without obstruction.
- Refrain from any act that impairs the easement.
Dominant Estate Owner:
- Use the easement without exceeding its purpose.
- Maintain structures or improvements necessary for the easement at their expense unless otherwise agreed.

Conclusion

Easements are a critical component of property law, balancing the rights of owners with the practical needs of access, utility, and benefit. Their perpetual nature, indivisibility, and reliance on lawful cause highlight the importance of careful creation, execution, and registration to ensure proper enforcement under Philippine law.