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

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.
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.
Burden and Benefit:
- Easements run with the land, meaning they attach to the property and transfer with ownership unless otherwise stipulated.
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.