Kinds of Easements under Philippine Civil Law

Easements, or servitudes, are encumbrances imposed on an immovable for the benefit of another immovable belonging to a different owner. They are governed by the provisions of the Civil Code of the Philippines (Republic Act No. 386, Articles 613-707). Below is a meticulous breakdown of the kinds of easements, categorized and explained.

I. As to their Origin

Voluntary or Conventional Easements
- Created by the will of the parties, typically formalized through a contract or last will and testament.
- Examples:
  - Easement of passage granted via agreement.
  - Right to construct a balcony over a neighbor’s property through a notarized contract.
Legal Easements
- Imposed by law for public utility, private necessity, or communal interest.
- Examples:
  - Easement of drainage of waters (Art. 637).
  - Easement of right of way for landlocked properties (Art. 649).
Natural Easements
- Arise from the natural condition of the land.
- Examples:
  - Easement for lower estates to receive waters flowing naturally from higher estates (Art. 637).

II. As to the Use

Positive Easements
- Allow the dominant owner to perform an act on the servient estate.
- Examples:
  - Easement to draw water from a well on the servient estate.
  - Right to build a projecting eave over the servient property.
Negative Easements
- Restrict the servient owner from doing an act that would otherwise be permissible.
- Examples:
  - Prohibition against constructing a building that blocks the view of the dominant estate.
  - Restriction against planting tall trees that would block sunlight.

III. As to the Beneficiary

Personal Easements
- Benefit a specific person and terminate upon their death or other specified condition.
- Examples:
  - Easement allowing an individual to cross private property for their personal use.
Real Easements
- Attach to the dominant estate and pass on to subsequent owners.
- Examples:
  - Easement of light and view benefiting a particular parcel of land.

IV. As to the Object

Continuous Easements
- Operate without human intervention once established.
- Examples:
  - Easement of drainage of water.
  - Easement of support (e.g., walls supporting adjoining buildings).
Discontinuous Easements
- Require human intervention or activity for their use.
- Examples:
  - Easement of passage.
  - Easement of aqueduct to transport water.

V. As to Apparentness

Apparent Easements
- Evidenced by visible or external signs that indicate their use and existence.
- Examples:
  - A pathway worn into the ground indicating an easement of passage.
  - Drainpipes crossing the servient estate.
Non-Apparent Easements
- Lack visible or external indications of their use.
- Examples:
  - Prohibition against planting trees of certain heights (negative easement).
  - Easement restricting certain construction activities.

VI. Specific Kinds of Easements Recognized in the Civil Code

Right of Way (Art. 649)
- A legal easement granted to owners of landlocked properties to access the nearest public road.
- Conditions:
  - Must pay compensation to the servient estate owner.
  - Route must cause the least damage or inconvenience.
Drainage of Waters (Art. 637)
- Lower estates are obliged to receive water naturally flowing from higher estates.
- Includes rainwater and other natural flows.
Aqueducts (Art. 648)
- Allows the construction of water channels through the servient estate for irrigation or other uses.
Party Walls (Art. 658)
- Shared walls between adjoining properties, the maintenance and use of which are governed by special rules.
Light and View (Art. 670-673)
- Prohibits obstructing windows or openings providing light and view.
- Conditions apply for distances and the type of construction allowed.
Support (Art. 684-686)
- Imposes an obligation on adjoining estates to provide mutual lateral support.
- Prevents actions that would compromise the stability of adjacent properties.
Right to Overhang (Art. 681)
- Grants permission for eaves to project over the neighboring estate, provided certain conditions are met.
Trees and Plants (Art. 679-680)
- Easement prohibiting planting of trees too close to neighboring properties to avoid encroachment or nuisance.
Right to Construct Drains or Sewers (Art. 649)
- Allows easement to dispose of waste through a servient estate.

VII. Acquisition and Termination

Acquisition

By Title – Through contracts, wills, or court orders.
By Prescription – Continuous and adverse use for at least ten years.

Termination

By Merger – When the dominant and servient estates are owned by the same person.
By Renunciation – The dominant owner expressly waives the easement.
By Non-Use – For continuous easements, non-use for ten years; for discontinuous easements, non-use for ten years counted from each act of use.
By Expiry or Fulfillment – When a specified condition or period ends.

Practical Application and Importance

Understanding the kinds of easements ensures:

Clear property rights for both dominant and servient owners.
Proper utilization of land in accordance with public policy.
Avoidance of disputes by delineating rights and obligations.

Careful drafting of agreements and consulting legal professionals for contentious easements is critical to safeguarding interests.