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RIGHTS AND OBLIGATIONS OF THE OWNER OF THE DOMINANT AND

SERVIENT ESTATE
Art 627. Making Necessary Works to Use and Preserve the Easement
Owner of the Dominant Estate - at his own expense may make on the
servient estate any works necessary for the use and preservation of the
easement.
- But without altering or rendering it burdensome.
- Owner of the Dominant Estate must notify the owner of the servient estate.
Art 628. Proportionate Contribution by Dominant Estate
Several dominant estate, the owners shall contribute to the expenses, in
proportion to the benefits which they may derive from the works.
- Owner who does not wish to contribute may exempt himself by renouncing
the easement for the benefit of the others.
Unless there is a stipulation to the contrary, the owner of the servient estate
shall also be obliged to contribute on the amount of expenses, should he
make use of the easement, in proportion to the benefits he may derive from
it.

Art 629. When the Place of the Easement may be changed by the Servient
Estate
Owner of servient estate cannot impair the use of servitude.
- However, should the same become very inconvenient, the owner of servient
estate may change at his expense, provided that he offers another place or
manner equally convenient.
Art 630. Rights of the Dominant and Servient Estate
Rights of the Dominant Estate
1. To exercise the easement and all necessary rights for its use including
accessory easement.
2. To make in the servient estate all works necessary for the use and
preservation of the
easement. (limitation of repairs)
-

at his own expense


servient owner must be notified
select most convenient time and manner
he must not alter the easement / render it more burdensome

3. Ask for a mandatory injunction to prevent impairment or obstruction in the


exercise of
easement. (As when the owner of the servient estate obstructs
the right of way)
4. Renounce totally (for easement is indivisible) the easement if he desires
exemption from the
contribution to expenses.
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Obligation of the Dominant Estate


1. He cannot alter the easement.
2. He cannot make it more burdensome
- Cannot use easement except for an immovable originally
contemplated (otherwise, it
will be burdensome).
- Easement of Right of Way he cannot increase the agreed width of the
path, nor deposit soil (increasing burden), but may allow others to use the
path, except if contrary has
been stipulated.
3. Several dominant estate each must contribute to necessary repairs and
expenses in proportion to the benefits received. (Absence of proof, presumed
that benefits are equal)
Rights of the Servient Estate
1. To retain ownership and possession of the portion of his land affected by
the easement. (even if indemnity of right is given)
2. To make use of easement, unless deprived by stipulation, provided that he
contributes to the expenses in proportion to the benefits received.
3. To change the location of a very inconvenient easement provided that an
equally convenient substitute is made.
Obligation of the Servient Estate
1. He cannot impair the use of easement.
2. In case of impairment, to restore the conditions to the status quo at his
expense plus damages.
3. He must contribute to the expenses incase he uses the easement, unless
there is a contrary stipulation.
4. To pay expenses incurred for the change of location.

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MODES OF EXTINGUISHMENT OF EASEMENTES


Art 631. Easements are Extinguish
1. Merger in same person of ownership servient and dominant estate.

2. By non-user for 10 years;


Discontinuous easement it shall be computed from the day they
ceased to be
used.
Continuous easement from the day an act contrary to the same
took place.
3. Either or both of the estates fall into such condition that easement
cannot be used.
Shall revive if the subsequent condition of the estates or either
of them should
permit its use; unless prescription has set in.
4. Expiration of term of fulfilment of condition. (temporary / conditional
easement)
5. Renunciation of the owner of the dominant estate.
6. By redemption agreed upon by the owner of dominant and servient
estate.
Merger
- Merger must be complete and absolute - not temporary.
- E.g Dominant estate owner purchase of the whole portion affected
(complete merging of ownership); but if the portion bought is not the portion
affected / only part thereof - no merger, easement remains.
- Sale with right to repurchase - merging is only temporary. Easement is not
extinguished.
- Pending resolutory condition, the merger is merging over ownership of
dominant and servient estate is merely temporary, the easement is not
extinguished.
- The absolute sale of the dominant estate to the servient estate extinguished
the easement. The subsequent purchase of the dominant estate owner of his
portion, is an entirely new sale. Thus, no easement is revived or created.
Non-user for 10 years
- Use of at least one co-owner of the dominant estate prevents prescription,
and the other co-owners who have not used the easement for 10 years may
still use it.
Bad Condition of the Tenement / Impossibility of Use
- Merely suspends, unless prescription sets in.
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Expiration of the term of fulfilment of condition


- When the condition is fulfilled, the easement ceases.
Renunciation / waiver of the owner of the dominant estate
- Express, clear, specific renunciation
- Thus, failure the use the easement, does not constitute a waiver of the right
to use the same.
- Owners of the dominant estate renounced the easement as they were given
a better outlet. Also, when the voluntary easement was particularly
designated to be used by certain individuals, the usage thereof shall only be
limited to them who are included on the list.
Redemption agreed upon
- by express stipulation.
Other causes of extinguishment of easement:
Expropriation of the servient estate
Permanent impossibility to make use of the easement
Annulment, rescission, or cancellation of the title that constituted the
easement;
Abandonment of the servient estate;
Resolution of the right of the grantor to create the easement (as when there
is redemption of the property sold a retro because of the exercise of the right
of conventional redemption)
Registration of the servient estate as FREE, that is, although the servient
estate was registered under the Torrens system, the easement thereon was
not registered, unless there is a stipulation or actual knowledge of the
existence of the easement on the part of
the transferee
In the case of the legal easement of right of way, the opening of an adequate
outlet to the highway extinguishes the easement, if the servient owner makes
a demand for such
extinguishment. This method of extinguishment, a special one, is expressly
mentioned in the Code, insofar as the legal easement of right of way is
concerned.
Art 632 - Prescription of Voluntary and Legal Easement
Prescription of Voluntary Easement
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- The easement itself may prescribe


- The form and manner of using may also prescribe (Number of windows /
width of the path)
Prescription of Legal Easement
- Some legal easement do not prescribe, but the manner and form of using
may prescribe.
- Easement of natural drainage do not prescribe.
Construction of obstruction of the flow of water from the higher estate to
lower estate - 1937; in 1951 an action for the destruction of dikes was file.
The said action will not prosper, prescription has set-in.
Art 633. Effect on prescription of use by one co-owner of the dominant
estate
The use benefits the other co-owners, hence, there will be no prescription
even with respect to their own shares. (easement is indivisible)

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LEGAL EASEMENT
Art. 634 - Legal Easement Defined
Legal Easement - easement imposed by law, and which have for their object
either:
1. Public Use
2. Interests of Private Persons.
Kinds of Legal Easements:
1.
2.
3.
4.
5.
6.
7.
8.

Easements relating to waters


Right of Way
Party Wall
Light and View
Drainage
Intermediate Distances
Easement against Nuisance
Lateral and Subjacent Support

Art. 635 - How Public and Communal Easement are Covered


1. Special laws and regulations
2. Civil Code - suppletory effect / in the absence of special laws and
regulations.
Art. 636 - Legal easements for private interests are governed
1. Agreement of interested parties - provided not prohibited by law or
prejudicial to 3rd persons.
2. In default of (1), general and local laws and ordinances for general welfare.
3. In default of (2), the Civil Code.

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EASEMENTS RELATING TO WATERS


1. Natural Drainage of Lands
2. Natural Drainage of Buildings
3. Ease on Riparian Banks for (1) Navigation, (2) Floatage, (3) Fishing, (4) Salvage
4. Easement of Dam
5. Easement (1) for Drawing Water or (2) for Watering Animals
6. Easement of Aqueduct
7. Easement for Construction of a Stop Lock / Sluice Gate
Art 637. Natural drainage of lands
Natural drainage of land
- prescribes by non-user for 10 years - the easement may be extinguished if
the action to destroy a dike (which impedes the easement) is brought only
after more than 10 years.
- Legal Easement / easement created by law may be extinguished thru a
contract (onerous / otherwise)
- no requirement of indemnification, as long as the conditions laid down are
complied.
Lower estates are obliged to receive:
1. Water, which naturally and without intervention of man, descends from
higher estate (not including reservoir - collected artificially)
2. Stones and earth carried by the waters.
Duties of Servient Estate (lower estate)
1. Servient Estate / Owner of the Lower Estate cannot construct works that
will impede (obstruct) the easement
- blocking the dam that would divert the flow and damage the
tenements
- enclose which land with ditches / fences to impede the flow
2. But the owner of the servient estate / lower estate may regulate or control
the descent of water.
Duties of the Dominant Estate (higher estate)
1. Cannot construct works which will increase the burden. (Cannot collect
water / increase the velocity of descent)
2. May construct works preventing erosion

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3. Descending waters are result of artificial development / proceeds from


industrial establishments, or overflaw from irrigation dams (not waters that
naturally descent)
- the owner of the lower estate shall be compensated for damage or loss.
Art. 638 - Easement along Riparian Banks
Banks of rivers whether public or private; navigable or not:
1) 3 meters along the margins for (1) navigation, (2) floatage, (3) fishing, (4)
salvage
Banks of navigable or floatable rivers:
2) Tow paths for the estates adjoining the banks
- 2 meters for animals
- 1 meter for pedestrian
River Bank
- lateral strip of shore washed by the water during high tides.
- River bank are of public ownership, except those already become private
under Siete Partidas.
If necessary for the purpose of the easement to occupy a land of private
ownership - proper indemnity shall be paid.
Case - Municipal ordinance is subject to limitation, that the same shall not be
contrary to law.
Art 639. Easement Concerning a Dam
Easement for construction, abutment (support) , or buttress of a dam:
- should it be necessary to construct a dam, and the person to construct it is
not the owner of the banks / lands which must support it. He may construct
the easement / abutment of dam after payment of proper indemnity.
Case - B owner of land; A wants to construct a dam to collect water
- Permission of A must be secures, or request for administrative investigation
to determine whether the building of dam is necessary or not.
- Thus, in the absence of permission of the owner of the land, the government
should have first investigated to determine the necessity of dam.
- In absence of both - the dam is considered nuisance and the owner of the
land may demolish the same.
Art 640. Easement for Drawing Water or for Watering Animals
May be imposed only for reason of public use;
In favor of town or village
Payment of proper indemnity

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Art 641. Easement for Drawing Water or for Watering Animals


Requirements for easement to exist:
1. For public use
2. In favour of town or village
3. The right is not sought by an individual, but by the town and village
4. Payment of proper indemnity
5. Right of way (accessory easement) should have a maximum width of
10meters (cannot be altered by owners of servient estate, but the direction
may be changed.
Art. 642 - Easement of Aqueduct
Right to make the water flow thru intervening estates in order that one may
make use of the water - with the obligation to indemnify the owner of the
lower estate.
Does not include the grant of right of way.
Art 643 - Requisites for Legal Easement of Aqueduct
(1) That he can dispose of the water.
- Right to dispose water - given thru prescription / administrative concession.
- Whoever believes that he has the right to object may setup the objection.
(2) That the water is sufficient for the use that it is intended
(3) That the proposed route is the most convenient and the least onerous to
3rd persons and
the servient estate.
(4) Proper administrative permission is obtained (if public domain is crossed)
- Municipal Council - when municipal streets are crossed
- Provincial Board - when public roads and waterways are crossed
- National Government - when navigating canals / navigable rivers are
crossed.
Art. 644 - Easement of Aqueducts for Private Interest cannot be Imposed:
- Buildings, courtyards, annexes, outhouses, orchards, gardens
Art. 645 - Right of the Owner of the Servient Estate to Close or Fence the
Aqueduct / Building over the Aqueduct
- no damage caused unto the aqueduct
- not to render the necessary repairs impossible.
Art. 646 - Easement of Aqueduct
Case - Whether or not the plaintiff may construct canal across the intervening
fishpond so that the water may be obtained from the river.
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- Yes. Plaintiff hold a permit to use the water, and willing to pay the proper
indemnity.
Ways of making easement of aqueduct:
1. Open Canal - should be not dangerous and deep
2. Closed / covered canal
3. tubes / pipes
Obligations of Dominant Owner
1. Keep the aqueduct in proper use and care
2. To keep in hand necessary materials for its use.
Characteristics - for legal purposes and to make easement of aqueduct
susceptible to acquisitive prescription - the easement is considered
CONTINUOUS and APPARENT
Art. 647 - Construction of Stop Lock and Sluice Gate
Requisites:
1. Purpose of improvement or irrigation
2. Construction must be on the estate of another (permit from the owner of
the bank)
3. Damages must be paid
4. Third persons must not be prejudiced
Art. 648 - Civil Code provisions on easements of waters prevails over
special laws
Conflict of easement of waters between special law and New Civil Code, the
latter prevails.

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EASEMENT OF RIGHT OF WAY


Art 649. Easement of Right of Way Defined
Easement of Right of Way - easement or privilege by which one person /
particular class of persons is allowed to pass over another's land, usually thru
one particular path or line.
Requisites:
1. Property is surrounded by estates of others.
2. No adequate outlet to public highway.
3. Payment of proper indemnity - shall be refunded once the easement ends.
4. Easement to be established at the point least prejudicial to the servient
estate. (not necessarily the shortest distance)
5. The isolation must not be due to proprietor's own act (building enclosing
walls)
6. Demandable only by the owner or one with real right like usufructuary
(hence lessee cannot demand easement)

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