Characteristics

Characteristics | Easements | Ownership | PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

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.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Characteristics | Real Estate Mortgage | CREDIT TRANSACTIONS

Characteristics of a Real Estate Mortgage under Civil Law

A Real Estate Mortgage (REM) is a contract whereby the debtor secures an obligation by subjecting immovable property (real estate) to the fulfillment of such obligation, without transferring ownership. Below are the detailed characteristics of an REM as governed by Philippine Civil Law:


1. Accessory Contract

  • A real estate mortgage is an accessory contract, meaning it cannot exist independently but depends on the principal obligation it secures.
  • If the principal obligation is extinguished, the mortgage is likewise extinguished (Article 1231, Civil Code).

2. Real Right

  • Once registered, a real estate mortgage creates a real right over the immovable property.
  • This real right follows the property, regardless of who possesses it (principle of lex rei sitae).

3. Formal Contract

  • The real estate mortgage must comply with the formal requirements of law to be valid:
    • It must be in writing (Article 2125, Civil Code).
    • If it involves properties required by law to be registered, it must also be registered with the Register of Deeds to bind third parties.
    • Lack of registration makes the mortgage valid only between the contracting parties but not against third persons (Article 2125).

4. Non-Transfer of Ownership

  • Ownership of the mortgaged property remains with the mortgagor.
  • The creditor (mortgagee) only has the right to foreclose and sell the property in case of default.

5. Indivisibility

  • The mortgage is indivisible, meaning:
    • It subsists as a whole over the entire property even if the debt is partially paid (Article 2089, Civil Code).
    • Partial satisfaction of the debt does not correspondingly extinguish the mortgage over any specific portion of the property.
  • This principle ensures that the mortgagee’s security is not compromised until full payment.

6. Right to Foreclose

  • In case of default, the creditor may foreclose the mortgage to satisfy the obligation.
  • Foreclosure may be judicial (through court proceedings) or extrajudicial (pursuant to Act No. 3135, as amended by Act No. 4118).

7. Limitation to Obligation Secured

  • A mortgage is merely a security for an obligation; it does not create or give rise to a debt.
  • The debt or principal obligation must exist independently of the mortgage.

8. Special Rule on Future Obligations

  • A mortgage may secure future advancements or obligations stipulated in the agreement, provided the advancements or obligations are clearly contemplated in the contract (Article 2126).

9. Right of Redemption

  • In cases of extrajudicial foreclosure, the mortgagor retains a right of redemption under Act No. 3135.
    • Redemption must be exercised within one year from the date of registration of the certificate of sale.
  • In judicial foreclosures, the period of redemption is determined by the rules of court and typically exists until the court's confirmation of the sale.

10. Coverage of Immovables

  • Only immovable property (e.g., land, buildings) and their accessories may be subject to a real estate mortgage.
  • The accessories include natural fruits, industrial fruits, and civil fruits if stipulated (Article 2127).

11. Stipulations Not Contrary to Law

  • Parties may freely stipulate terms in the contract, provided these are not contrary to law, morals, good customs, public order, or public policy (Article 1306, Civil Code).
  • Pactum commissorium (automatic appropriation of the mortgaged property by the creditor in case of default) is prohibited and void (Article 2088).

12. Requirement of Default

  • The mortgagee’s right to foreclose only arises upon the debtor’s default in fulfilling the obligation.

13. No Deficiency Judgment in Extrajudicial Foreclosure

  • In extrajudicial foreclosures, if the proceeds of the sale are insufficient to cover the debt, the mortgagee is prohibited from recovering the deficiency through personal action against the debtor unless the mortgagor is a juridical person (Act No. 3135).

14. Priority of Claims

  • The mortgagee has a preferential right over the proceeds of the foreclosure sale.
  • If multiple mortgages exist, the priority is determined by the order of registration in the Register of Deeds.

15. Extinguishment of Mortgage

A real estate mortgage is extinguished upon:

  • Full payment or performance of the obligation.
  • Abandonment or cancellation of the mortgage contract.
  • Foreclosure and exhaustion of the mortgaged property.

16. Applicability of General Provisions on Obligations and Contracts

  • General principles on obligations and contracts apply, including rules on:
    • Consent, object, and cause (essential requisites of a contract).
    • Nullity of contracts that lack essential elements or violate prohibitory laws.

By understanding these characteristics, parties can properly structure a real estate mortgage contract while ensuring compliance with Philippine Civil Law.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.