CIVIL LAW: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

IX. Easements

Rights and Obligations of the Dominant and Servient Estates

An easement is a real right imposed on a corporeal immovable property for the benefit of another immovable property owned by another person. The property burdened by the easement is the servient estate, while the property that benefits from the easement is the dominant estate. Below is an exhaustive discussion of the rights and obligations of both estates:

1. Rights of the Dominant Estate

The dominant estate, as the beneficiary of the easement, has the following rights:

a. Right to Use and Benefit from the Easement

The dominant estate can use the easement as granted or provided by law, without exceeding its limits.
Example: In a right-of-way easement, the dominant estate owner can pass through the servient estate as needed for access.

b. Right to Maintenance

The dominant estate has the right to maintain the easement to ensure its use.
This includes cleaning, repairing, or improving the easement area, provided it does not impose undue burden on the servient estate.

c. Right to Modify the Easement

Modifications may be made to suit the needs of the dominant estate as long as:
1. The nature or burden of the easement is not altered.
2. The servient estate does not suffer any additional prejudice.
- Example: Widening a path in a right-of-way easement is permissible if reasonable and does not exceed the agreed-upon terms.

d. Right to Demand Compliance

The dominant estate may demand that the servient estate respects the easement and refrains from acts that interfere with its lawful use.

e. Right to Compensation in Case of Damages

If the servient estate damages or obstructs the easement, the dominant estate may claim compensation for the harm caused.

2. Obligations of the Dominant Estate

The dominant estate has the following obligations to ensure the equitable use of the easement:

a. Respect the Limits of the Easement

The dominant estate must not exceed the scope of the easement as stipulated by law, contract, or prescription.
Example: If the easement grants access for pedestrians, using it for vehicular passage is not allowed.

b. Bear Maintenance Costs

The dominant estate bears the cost of maintaining the easement unless agreed otherwise.
If both estates benefit from the easement, costs are shared proportionally.
Example: For a drainage easement, the dominant estate pays for repairs to the drainage system.

c. Avoid Causing Additional Burden

The dominant estate must exercise its rights without causing unnecessary inconvenience or harm to the servient estate.

3. Rights of the Servient Estate

The servient estate, as the property burdened by the easement, retains the following rights:

a. Right to Ownership and Enjoyment

The servient estate owner retains ownership of the property, including all uses not inconsistent with the easement.
Example: In a right-of-way easement, the servient estate owner may use the surrounding land as long as the easement is not obstructed.

b. Right to Demand Proper Use

The servient estate owner can demand that the dominant estate respects the limits of the easement and does not abuse its rights.

c. Right to Compensation for Damages

If the dominant estate’s use of the easement causes damage, the servient estate owner has the right to seek indemnification.

d. Right to Relocate the Easement

Under Article 629 of the Civil Code, the servient estate owner may relocate the easement if:
1. The relocation is at their expense.
2. The new location is equally convenient for the dominant estate.

e. Right to Extinguishment of the Easement

The servient estate owner may seek extinguishment of the easement under circumstances provided by law, such as:
1. Merger of the dominant and servient estates.
2. Permanent cessation of the use or necessity of the easement.
3. Expiry of the agreed-upon duration.

4. Obligations of the Servient Estate

The servient estate must comply with the following obligations:

a. Allow the Exercise of the Easement

The servient estate must permit the dominant estate to use the easement without interference.

b. Refrain from Obstruction

The servient estate must avoid acts that impede the exercise of the easement.
Example: Blocking a pathway in a right-of-way easement is prohibited.

c. Bear Costs if Benefiting from the Easement

If the servient estate also benefits from the easement, it must share in the maintenance costs proportionally.
Example: In a party wall easement, both estates share repair expenses.

5. General Principles Governing Easements

The rights and obligations of both estates are governed by the following principles:

a. Principle of Least Prejudice

The easement must be exercised in a way that causes the least burden to the servient estate.
Example: A dominant estate should use the shortest and least intrusive path in a right-of-way easement.

b. Principle of Exclusivity to the Dominant Estate

The easement is exclusively for the benefit of the dominant estate and cannot be extended to third parties without the servient estate’s consent.
Example: A dominant estate cannot allow neighbors to use its right-of-way easement.

c. Non-Waiver of Legal Easements

Legal easements (e.g., those for drainage or support) cannot be waived or renounced to the detriment of public interest.

d. Strict Interpretation of Limitations

Restrictions on the servient estate’s rights are interpreted strictly, while the easement's use is interpreted broadly to benefit the dominant estate.

6. Judicial Remedies

Both estates may avail of legal remedies to enforce their rights:

a. Dominant Estate

Injunction: To prevent obstruction or interference by the servient estate.
Damages: To recover for losses caused by non-compliance.

b. Servient Estate

Injunction: To prevent abuse or excessive use of the easement by the dominant estate.
Extinguishment: To nullify the easement when grounds for termination arise.

Relevant Legal Provisions

The rights and obligations are primarily governed by the Civil Code of the Philippines (Articles 613-657). Key provisions include:

Article 628: Costs of maintenance fall on the dominant estate.
Article 629: Relocation of easements by the servient estate.
Article 630: Proportional sharing of costs when both estates benefit.
Article 631: Grounds for extinguishment.
Article 634: Principles of least prejudice.

This thorough understanding ensures the harmonious coexistence of the dominant and servient estates and equitable enforcement of their rights and obligations.