CIVIL LAW: EASEMENTS – CONCEPT OF EASEMENT

Definition and Nature

An easement (also known as a servitude) is a real right constituted over the property of another, which allows the owner of the dominant estate (the property benefiting from the easement) to use or enjoy the property of the servient estate (the property subject to the easement) in a specific manner or to prevent the servient estate owner from exercising certain rights over their property.

The governing provisions on easements in the Philippines are found under Articles 613 to 682 of the Civil Code of the Philippines.

Characteristics of Easements

Real Right: Easements attach to the property itself and are enforceable against subsequent owners.
Accessorial in Nature: They exist as a secondary right to ownership and cannot exist independently of a property.
Indivisibility: An easement is indivisible. It cannot be partially exercised over portions of the servient estate unless explicitly agreed upon.
May Be Perpetual: Once constituted, an easement generally lasts unless expressly terminated or extinguished by law, contract, or legal circumstance.
Not Transferable by Itself: Easements cannot be transferred independently of the dominant estate.

Classification of Easements

Easements may be classified based on the following criteria:

As to Exercise:
- Positive Easement: Entitles the dominant estate owner to do something on the servient estate (e.g., right of way, right to water).
- Negative Easement: Restrains the servient estate owner from doing something (e.g., easement of light and view).
As to Apparency:
- Apparent Easement: Can be perceived through external signs (e.g., a visible pathway).
- Non-Apparent Easement: Has no external or visible signs (e.g., a prohibition on building a higher structure).
As to Constitution:
- Voluntary Easement: Created by the will of the parties through a contract or agreement.
- Legal Easement: Mandated by law to address specific needs or public interest (e.g., legal right of way).
As to Relationship to Property:
- Real Easement: Constituted on immovable property for the benefit of another immovable property.
- Personal Easement: Created for the benefit of a specific individual, not property.

Requisites of a Valid Easement

Two Distinct Properties:
- Dominant estate: The property benefiting from the easement.
- Servient estate: The property burdened by the easement.
Ownership by Different Persons:
- Easements generally require separate ownership of the dominant and servient estates.
Limitation on Use or Ownership:
- The servient estate is either required to tolerate certain acts or refrain from exercising certain rights.
Compliance with Legal Formalities:
- For voluntary easements, an agreement must be in writing, especially if immovables are involved (as per the Statute of Frauds).
- Registration with the Registry of Property is needed to bind third parties.

Modes of Establishing Easements

By Law:
- Easements mandated by law to address public or private necessity (e.g., right of way for a landlocked property).
By Will of the Owners:
- Created through contracts or testamentary dispositions.
By Prescription:
- Continuous and apparent easements may be acquired through uninterrupted use over a period of 10 years (Articles 620 and 621, Civil Code).
By Destination of the Owner:
- When the owner of both estates creates an easement and subsequently sells either estate (Article 624, Civil Code).

Rights and Obligations of the Parties

Rights of the Dominant Estate:
- Right to exercise the easement as constituted.
- Right to make necessary improvements to enjoy the easement, provided no harm is caused to the servient estate.
Obligations of the Dominant Estate:
- Must use the easement in a manner that causes the least burden to the servient estate.
- Must maintain and repair any structures or modifications necessary for the exercise of the easement unless agreed otherwise.
Rights of the Servient Estate:
- Retains ownership and can continue using the property in ways that do not impede the easement.
- May demand indemnity if the easement causes substantial damage.
Obligations of the Servient Estate:
- Must tolerate the use or restrictions imposed by the easement.
- Must refrain from acts that would prevent the enjoyment of the easement.

Legal Easements under the Civil Code

Right of Way (Article 649):
- Owners of landlocked properties have a right of way through neighboring properties upon payment of proper indemnity.
Easement for Water:
- Owners may demand water access for domestic or agricultural needs.
Easement of Light and View:
- Restricts construction of structures that block light or create an obstruction.
Drainage of Waters:
- Lower estates are obliged to receive waters from higher estates.
Easement of Party Wall:
- Allows the shared use of a dividing wall between two properties.

Modes of Extinguishment

Easements are extinguished in the following ways (Article 631, Civil Code):

Merger: When the dominant and servient estates are owned by the same person.
Abandonment: By the dominant estate, which must be express and unequivocal.
Expiration of Term: If the easement is constituted for a specific period.
Non-Use: Continuous non-use for 10 years for discontinuous easements, or for apparent easements if their purpose ceases.
Impossibility of Use: When circumstances permanently prevent the easement's exercise.
Destruction of the Servient Estate: If the servient property ceases to exist.

Case Law Interpretations

Philippine jurisprudence emphasizes that easements must be exercised in good faith and in a manner least injurious to the servient estate. Courts strictly interpret easements, favoring minimal intrusion on property rights while balancing the necessity of the dominant estate's rights.

Conclusion

The concept of easements is vital in balancing property rights, ensuring practical access and utility while preserving the autonomy of property ownership. Proper understanding and adherence to the legal provisions governing easements are crucial for avoiding disputes and fostering harmonious property relations.