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

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.
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.
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.