Easements

Modes of Extinguishment of Easements | Easements | Ownership | PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

Extinguishment of Easements in Civil Law (Philippines)

Easements, also known as servitudes, are rights enjoyed by one property (the dominant estate) over another (the servient estate). The extinguishment of easements is governed by the Civil Code of the Philippines, particularly under Articles 631 to 637. Below is a comprehensive analysis of the modes of extinguishment of easements:

1. By Merger in the Same Owner

  • Legal Basis: Article 631(1) of the Civil Code.
  • Explanation: Easements are extinguished when the ownership of both the dominant and servient estates is consolidated in one person. When there is no separation of ownership, the need for the easement ceases.
  • Example: If the owner of a lot with a right of way over an adjacent property purchases that adjacent property, the easement of right of way is extinguished.

2. By Permanent Impossibility of Use

  • Legal Basis: Article 631(2) of the Civil Code.
  • Explanation: If the easement becomes permanently impossible to use due to natural or man-made causes, it is extinguished.
  • Example:
    • A pathway easement becomes unusable because of a landslide that permanently blocks the area.
    • A right to draw water from a spring ends when the spring permanently dries up.

3. By Prescription

  • Legal Basis: Article 631(3) of the Civil Code.
  • Explanation: Easements may be extinguished by non-use for the period required by law. This applies differently depending on whether the easement is positive or negative:
    • Positive Easements: These are extinguished by non-use for ten (10) years.
    • Negative Easements: These are extinguished when an act contrary to the easement is continuously performed for ten (10) years with the acquiescence of the dominant estate.
  • Example:
    • A right of way easement not used by the dominant estate owner for 10 years is extinguished.
    • A prohibition against building a structure that blocks light and air is extinguished if the servient estate owner builds such a structure and the dominant estate owner does not object for 10 years.

4. By Renunciation

  • Legal Basis: Article 631(4) of the Civil Code.
  • Explanation: An easement is extinguished when the owner of the dominant estate renounces it expressly or impliedly.
  • Key Points:
    • Renunciation must be clear and unequivocal.
    • Express renunciation may be done in writing.
    • Implied renunciation may be inferred from acts that show abandonment.
  • Example: If the dominant estate owner builds an alternative route, abandoning the use of a right of way, the easement may be deemed renounced.

5. By Expiration of the Term or Fulfillment of a Condition

  • Legal Basis: Article 631(5) of the Civil Code.
  • Explanation: If the easement was established for a specific period or condition, its expiration or fulfillment extinguishes the easement.
  • Example:
    • A right of way granted for ten years automatically expires after the lapse of the ten years.
    • An easement granted for the duration of a lease terminates when the lease ends.

6. By Loss or Total Destruction of Either the Dominant or Servient Estate

  • Legal Basis: Article 637 of the Civil Code.
  • Explanation: If the dominant or servient estate ceases to exist, the easement is extinguished.
  • Key Notes:
    • Loss must be total and permanent.
    • If only a part of the servient estate is lost, the easement may remain over the portion that still exists.
  • Example:
    • A fire destroys the servient estate completely, rendering the easement unusable.
    • The dominant estate is submerged permanently due to natural causes, extinguishing any easements attached to it.

7. By Change of Use or Substantial Alteration

  • Legal Basis: Articles 634-635 (implied).
  • Explanation: If the use for which the easement was established changes, and this change is incompatible with the easement's purpose, the easement may be extinguished. Substantial alterations to either estate may also render the easement moot.
  • Example:
    • A right to draw water from a well is extinguished if the servient estate converts the well into a sealed structure for other purposes.

8. By the Termination of the Necessity

  • Legal Basis: Implied from the principle governing legal easements.
  • Explanation: Easements of necessity are extinguished when the necessity ceases.
  • Example: A right of way easement created because a property was landlocked is extinguished when the property gains direct access to a public road.

Key Considerations in Extinguishment

  1. Effect of Registration:

    • Easements registered under the Torrens system continue to appear on titles until a formal act removes them, even if extinguished in fact.
    • Parties must file the necessary documents to reflect the extinguishment in the Registry of Deeds.

  2. Continuity Until Final Act:

    • Easements remain in force until the extinguishing event or action is conclusive.
    • Courts may be involved to determine if extinguishment has occurred.

  3. Compensation:

    • In cases of extinguishment by acts of the servient estate (e.g., permanent obstruction), the dominant estate may seek compensation for damages if extinguishment was improper or unlawful.

Summary Table of Modes of Extinguishment

Mode of Extinguishment Legal Basis Key Requirement Example
Merger in the Same Owner Article 631(1) Ownership of both estates in one person Dominant estate owner buys servient estate
Permanent Impossibility of Use Article 631(2) Impossibility must be permanent Landslide blocks a right of way permanently
Prescription Article 631(3) 10 years of non-use or contrary acts Easement of light ignored for 10 years
Renunciation Article 631(4) Express or implied abandonment Written waiver by dominant estate owner
Expiration or Fulfillment of Condition Article 631(5) End of term or condition Easement expires after 10 years
Loss/Destruction of Estate Article 637 Total and permanent loss Fire destroys servient estate completely
Change of Use/Substantial Alteration Articles 634-635 (implied) Use changes incompatible with easement Well covered permanently
Termination of Necessity Implied Necessity for the easement ceases Landlocked property gains road access

This analysis provides an exhaustive understanding of the extinguishment of easements under Philippine law.

Rights and obligations of the dominant and servient estate | Easements | Ownership | PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

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:

  1. Article 628: Costs of maintenance fall on the dominant estate.
  2. Article 629: Relocation of easements by the servient estate.
  3. Article 630: Proportional sharing of costs when both estates benefit.
  4. Article 631: Grounds for extinguishment.
  5. 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.

Modes of Acquiring Easements | Easements | Ownership | PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

Modes of Acquiring Easements Under Civil Law

Under Philippine Civil Law, easements (also referred to as servitudes) are limitations imposed on a property for the benefit of another property or a person. The Civil Code of the Philippines, primarily in Articles 613 to 657, governs easements. This section delves into the various modes by which easements may be acquired.

1. By Title (Article 622)

Easements may be established by title, which refers to a lawful agreement or legal provision that creates the servitude. This includes:

  • Contracts: Voluntary agreements between property owners.
  • Wills: Testamentary dispositions that impose an easement.
  • Law: Certain easements are created by explicit legal provision (e.g., legal easements like drainage or party walls).

Key Points:

  • The title must be clear, express, and specific.
  • Formalities: Easements created by agreement must adhere to formalities under the law, particularly for immovable property. These agreements typically require public instruments and registration with the Registry of Property to affect third parties.
  • Good Faith Requirement: Both parties must act in good faith when entering into agreements for easements.

2. By Prescription (Article 620)

An easement may be acquired through continuous and apparent use for the period required by law, based on the principle of acquisitive prescription.

Essential Elements:

  • Continuous Use: The use of the easement must not be intermittent; it must occur regularly.
  • Apparent: The easement must have visible and permanent signs indicating its existence (e.g., a pathway or drain).
  • Legal Time Period: Under Article 620, easements are prescribed after ten years of continuous and apparent use. This prescriptive period is counted as follows:
    • From the time the use of the easement began (for positive easements).
    • From the time the servient estate owner obstructed the easement (for negative easements).

Limitations:

  • Negative easements (e.g., prohibiting construction above a certain height) cannot be acquired by prescription unless explicitly recognized under law.

3. By Law

Certain easements are imposed by operation of law to address societal or practical necessities, even without the consent of the property owners. These are known as legal easements (Articles 634 to 647). Examples include:

  • Right of Way (Article 649): Granted to ensure access to a property that is otherwise landlocked.
  • Drainage of Waters (Article 637): Requires lower-lying estates to accept natural water flow from higher estates.
  • Light and View Easements (Articles 667–668): Regulates the right to open windows or install structures in proximity to neighboring properties.
  • Party Walls and Boundaries (Articles 658–666): Establish shared obligations for dividing structures.

Characteristics:

  • Legal easements are typically mandatory and cannot be renounced if doing so contravenes public interest.
  • They often involve just compensation to the servient estate owner when applicable.

4. By Destination of the Owner (Article 624)

An easement may be deemed created when a single owner subdivides their property, assigning portions to different owners, and leaves parts of the property in a state that suggests an intention to create an easement.

Key Points:

  • Single Ownership: The owner must have originally owned both the dominant and servient estates.
  • Apparent Use: The easement must be continuous and apparent before the subdivision (e.g., a pathway connecting one parcel to another).
  • Subsequent Transfer: The division of ownership by sale, donation, or other means transfers the implied easement to the respective properties.

5. By Necessity

Easements may arise out of necessity when the use of the servient estate is indispensable to the enjoyment of the dominant estate.

Example:

  • Right of Way: If a property becomes landlocked (without access to a public road), the law grants the owner the right to demand a right of way over neighboring properties.

Requirements:

  • No other access to the public road exists.
  • The path chosen for the easement is least prejudicial to the servient estate.
  • The dominant estate owner pays just compensation.

6. By Usucapion (Customary Law)

This mode applies in regions where customary laws recognize easements through long-standing, habitual practices, provided they are not contrary to public policy or law.

Considerations:

  • Must still meet the general requirements of continuous, apparent use.
  • Governed by local customs or ordinances.

Other Relevant Principles

  1. Apparent and Non-Apparent Easements (Article 620):

    • Only apparent easements can be acquired by prescription or destination of the owner. Non-apparent easements (those without physical signs) require explicit agreement or title.

  2. Voluntary Grant vs. Imposition by Law:

    • Voluntary easements depend entirely on the will of the parties involved, while legal easements are imposed irrespective of the owner's consent.

  3. Burden and Benefit:

    • Easements run with the land, meaning they attach to the property and transfer with ownership unless otherwise stipulated.

  4. Registration Requirement:

    • To protect third parties, easements must be duly recorded in the Registry of Property.

Summary Table of Modes of Acquiring Easements

Mode Legal Basis Characteristics
Title Articles 613, 622 Requires a lawful agreement, public instrument, and registration.
Prescription Article 620 Continuous, apparent use for at least 10 years.
By Law Articles 634–647 Legal easements imposed for public or private necessity, often involving compensation.
Destination of Owner Article 624 Implied easement arising from subdivision of a formerly unified estate.
Necessity Articles 649, 651 Imposed when indispensable for the enjoyment of the dominant estate (e.g., right of way).
Customary Law Article 620, Local Law Recognized under specific customary practices, provided they do not contravene general laws or policies.

By understanding these modes, property owners and legal practitioners can navigate the complexities of easement acquisition and resolve disputes effectively. Always consult relevant case law and jurisprudence for context-specific applications.

Kinds of Easement | Easements | Ownership | PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

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

  1. 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.

  2. 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).

  3. 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

  1. 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.

  2. 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

  1. 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.

  2. 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

  1. Continuous Easements

    • Operate without human intervention once established.
    • Examples:
      • Easement of drainage of water.
      • Easement of support (e.g., walls supporting adjoining buildings).

  2. Discontinuous Easements

    • Require human intervention or activity for their use.
    • Examples:
      • Easement of passage.
      • Easement of aqueduct to transport water.

V. As to Apparentness

  1. 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.

  2. 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

  1. 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.

  2. Drainage of Waters (Art. 637)

    • Lower estates are obliged to receive water naturally flowing from higher estates.
    • Includes rainwater and other natural flows.

  3. Aqueducts (Art. 648)

    • Allows the construction of water channels through the servient estate for irrigation or other uses.

  4. Party Walls (Art. 658)

    • Shared walls between adjoining properties, the maintenance and use of which are governed by special rules.

  5. 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.

  6. 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.

  7. Right to Overhang (Art. 681)

    • Grants permission for eaves to project over the neighboring estate, provided certain conditions are met.

  8. Trees and Plants (Art. 679-680)

    • Easement prohibiting planting of trees too close to neighboring properties to avoid encroachment or nuisance.

  9. Right to Construct Drains or Sewers (Art. 649)

    • Allows easement to dispose of waste through a servient estate.

VII. Acquisition and Termination

Acquisition

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

Termination

  1. By Merger – When the dominant and servient estates are owned by the same person.
  2. By Renunciation – The dominant owner expressly waives the easement.
  3. 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.
  4. 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.

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.

Concept of Easement | Easements | Ownership | PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

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

  1. Real Right: Easements attach to the property itself and are enforceable against subsequent owners.
  2. Accessorial in Nature: They exist as a secondary right to ownership and cannot exist independently of a property.
  3. Indivisibility: An easement is indivisible. It cannot be partially exercised over portions of the servient estate unless explicitly agreed upon.
  4. May Be Perpetual: Once constituted, an easement generally lasts unless expressly terminated or extinguished by law, contract, or legal circumstance.
  5. 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:

  1. 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).

  2. 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).

  3. 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).

  4. 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

  1. Two Distinct Properties:

    • Dominant estate: The property benefiting from the easement.
    • Servient estate: The property burdened by the easement.

  2. Ownership by Different Persons:

    • Easements generally require separate ownership of the dominant and servient estates.

  3. Limitation on Use or Ownership:

    • The servient estate is either required to tolerate certain acts or refrain from exercising certain rights.

  4. 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

  1. By Law:

    • Easements mandated by law to address public or private necessity (e.g., right of way for a landlocked property).

  2. By Will of the Owners:

    • Created through contracts or testamentary dispositions.

  3. By Prescription:

    • Continuous and apparent easements may be acquired through uninterrupted use over a period of 10 years (Articles 620 and 621, Civil Code).

  4. 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

  1. 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.

  2. 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.

  3. 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.

  4. 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

  1. Right of Way (Article 649):

    • Owners of landlocked properties have a right of way through neighboring properties upon payment of proper indemnity.

  2. Easement for Water:

    • Owners may demand water access for domestic or agricultural needs.

  3. Easement of Light and View:

    • Restricts construction of structures that block light or create an obstruction.

  4. Drainage of Waters:

    • Lower estates are obliged to receive waters from higher estates.

  5. 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):

  1. Merger: When the dominant and servient estates are owned by the same person.
  2. Abandonment: By the dominant estate, which must be express and unequivocal.
  3. Expiration of Term: If the easement is constituted for a specific period.
  4. Non-Use: Continuous non-use for 10 years for discontinuous easements, or for apparent easements if their purpose ceases.
  5. Impossibility of Use: When circumstances permanently prevent the easement's exercise.
  6. 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.

Easements | Ownership | PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

CIVIL LAW: IX. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS > B. OWNERSHIP > 9. EASEMENTS

Easements, also known as servitudes, are among the most important property rights in civil law. They create a burden on one piece of land (servient estate) for the benefit of another (dominant estate) or for the benefit of a person or group. The provisions governing easements are primarily found in the Civil Code of the Philippines (Republic Act No. 386), particularly in Book II, Title VII (Articles 613–692). Below is a detailed discussion of this legal concept.

1. Definition of Easement

An easement is defined as an encumbrance imposed on an immovable property for the benefit of another immovable property belonging to a different owner or for the benefit of a particular person or group.

  • Two Types:
    • Real Easements: Benefit a dominant estate.
    • Personal Easements: Benefit a person or group directly.

2. General Characteristics of Easements

  1. Real Right: Easements are a form of real right, attaching to the property rather than the owner.
  2. Indivisibility: Easements are indivisible. They cannot be divided if the servient or dominant estate is subdivided.
  3. Non-possessory: The owner of the dominant estate or holder of the easement does not acquire possession of the servient estate but merely a limited use of it.
  4. Accessory Nature: Easements are accessory to ownership, existing only in relation to immovable property.
  5. Intransmissibility in Personal Easements: Personal easements are non-transferable unless explicitly allowed.

3. Classification of Easements

A. As to Use or Purpose

  1. Continuous vs. Discontinuous

    • Continuous: Operate without human intervention (e.g., a drainpipe).
    • Discontinuous: Require human intervention (e.g., a pathway).

  2. Apparent vs. Non-Apparent

    • Apparent: Observable physical signs (e.g., a window).
    • Non-Apparent: No visible signs (e.g., right to not build above a certain height).

4. Modes of Creation

Easements can be created in the following ways:

  1. By Law (Legal Easements):

    • Mandatory and imposed by the Civil Code for the public or private interest.
    • Examples: Easements of drainage (Article 637), light and view (Article 668), and right of way (Article 649).

  2. By Agreement (Voluntary Easements):

    • Established through contracts between property owners.
    • Requires compliance with the formalities for contracts involving real property (e.g., written form and registration).

  3. By Prescription:

    • Continuous and apparent easements can be acquired through uninterrupted use for 10 years.

  4. By Will:

    • The owner of an estate may establish an easement through a last will and testament.

  5. By Title or Grant:

    • Arises when a specific easement is granted through a legal deed.

5. Rights and Obligations

A. Dominant Estate

  1. Rights:

    • Use the servient estate in accordance with the terms of the easement.
    • Demand the removal of obstacles to the exercise of the easement.
    • Transfer the easement if it is real and attached to the dominant estate.

  2. Obligations:

    • Exercise the easement with the least inconvenience to the servient estate.
    • Perform any necessary maintenance unless otherwise agreed.

B. Servient Estate

  1. Rights:

    • Retain ownership of the servient property.
    • Use the servient estate in ways not inconsistent with the easement.
    • Demand compensation for damages caused by the easement.

  2. Obligations:

    • Allow the dominant estate to exercise the easement.
    • Refrain from acts that would impair the easement.

6. Extinguishment of Easements

Easements can be extinguished through:

  1. Merger: Ownership of the servient and dominant estates is consolidated in one person.
  2. Abandonment: The dominant estate owner renounces the easement in a public document.
  3. Expiration of Term or Fulfillment of Condition: If the easement is temporary or conditional.
  4. Prescription: Non-use for 10 years in discontinuous easements or obstruction for 10 years in continuous ones.
  5. Impossibility of Use: If the easement becomes permanently impossible to use.
  6. Expropriation: If the government expropriates the servient estate for public use.

7. Legal Easements

Examples of Legal Easements (Article 613 onwards):

  1. Right of Way (Articles 649–657):

    • Necessary for a landlocked property to access a public road or resource.
    • Owner of the servient estate is entitled to indemnity.

  2. Drainage of Waters (Articles 637–640):

    • Lower estates must accept water naturally flowing from higher estates.
    • Costs of artificial drainage borne by the dominant estate.

  3. Support (Articles 685–687):

    • Obligations on owners of adjoining buildings to ensure stability.

  4. Light and View (Articles 668–673):

    • Restrictions on building near windows or openings of an adjacent estate.

  5. Party Walls and Fences (Articles 658–666):

    • Rights and obligations concerning shared walls or fences.

8. Registration

  • Easements must be registered to bind third parties.
  • Non-registered easements may still be valid between the parties but are ineffective against third-party buyers in good faith.

9. Case Law and Interpretation

Judicial interpretations of easements in the Philippines highlight these principles:

  • The necessity of balancing the rights of the dominant and servient estates.
  • The requirement of strict construction in favor of the servient estate.
  • Recognition of easements as a tool to resolve conflicts between adjacent landowners.

Conclusion

Easements form a critical part of property law, serving as mechanisms to reconcile individual property rights with practical necessities and communal harmony. Understanding their nuances is essential for navigating real property disputes and ensuring compliance with Philippine law.

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