1.

REAL EASEMENT
An easement or servitude where an incumbrance is imposed upon an immovable for the
benefit of another immovable belonging to a different owner.

2.

CONTINUOUS EASEMENT
easements where its usage is or may be incessant without the intervention of any act of
man.

3.

DISCONTINUOUS EASEMENT
are those which are used at intervals and depend upon the acts of man.

4.

APPARENT EASEMENT
are those which are made known and are continually kept in view by external signs that
reveal the use and enjoyment of the same.

5.

NON-APPARENT EASEMENT
are those which show no external indication of their existence.
6. EASEMENTS
7. LEGAL EASEMENT vs. VOLUNTARY EASEMENTS

LEGAL EASEMENT are those constituted by law for public use or for private interest.
Such as:
1.
2.
3.
4.
5.
6.
7.
8.

easement relating to waters;

right of way;
party wall;
light and view;
drainage of buildings;
intermediate distances;
against nuisances;
lateral and subjacent support;

VOLUNTARY EASEMENT established by will or agreement of the parties or by a testator.

8. ACQUISITION OF EASEMENTS
FOR CONTINUOUS AND APPARENT EASEMENTS
acquired either by a title; or
prescription.
DISCONTINUOUS AND APPARENT only by title;
DISCONTINUOUS OR CONTINUOUS AND NON-APPARENT only by title.

9. POSITIVE EASEMENT - is one which imposes upon the owner of the servient estate the
obligation of allowing something to be done or of doing it himself;
ex. Right of way; Duty to Cut off tree branches extending over the neighbor estates
(estate from nuisance)
NEGATIVE EASEMENT - that which prohibits the owner of the servient estate from doing
something which he could lawfully do if the easement did not exist.
ex. Easement of light and view when the window/opening is on one's own wall or
estate.
10. RIGHT OF WAY ACQUIRED BY PRESCRIPTION
No, because easement on right of way is an discontinuous easement as it can be exercised only
if a man passes or puts his feet over somebody's land, and apparent easement as the same is
made known and continually kept in view by external signs that reveal the use and enjoyment of
the same.
11. MODES OF EXTINGUISHMENT
1. Merger in the same person of the ownership of the dominant and servient
estate;
2. Non-user for 10 years;
For Discontinous, from the day which they ceased to be used;
For Continuous, from the day on which an act contrary to the
same took place;

When either or both of the estates fall into such condition that the
easement cannot be used;
By the expiration of the term or fulfillment of a condition, if the easement
is temporary/conditional;
By renunciation of the owner of the dominant estate;
By the redemption agreed upon between the owners of the dominant and
servient estates.
12. 2 kinds of legal easement:
those for public use';
for private interests;
13. Easements relating to waters:
natural drainage of lands;
natural drainage of buildings;
easement on riparian banks for navigation, floatage, fishing and salvage.
Easement of a dam;
easement for drawing water or for watering animals;

easement of aqueduct;
easement for the construction of a stop lock or sluice gate;

14. Easement of Right of Way means an easement or privelege by which one person or a
particular class of persons is allowed to pass over another's land, usually thru one particular
path or line.
15. Easement of Party Wall means a forged indivision where the shares of each owner cannot be
separated physically although said shares may in a sense be materially pointed out.
16. Easement of Light and View means that every owner of a party wall may use it in proportion
to the right he may have in the co-ownership, without interfering the common and respective
uses by the other co-owners.
17. Easement of Drainage of Buildings the owner of a building shall be obliged to construct its
roof or covering in such manner that the rain water shall fall on his own land or on a street or
public place, and not on the land of his neighbor, even though the adjacent land may belong to
two or more persons, one of whom is the owner of the roof. Even if it should fall on his own
land, the owner shall be obliged to collect the water in such a way as not to cause damage to the
adjacent land/tenement.
18. Easement against Nuisance -