The immovable in favor of which the easement is

Title VII. – Easement or Servitudes established is called a dominant estate, which is subject
thereto, the servient estate.
Chapter 1: Easements in General
Note:
Easement – it is an encumbrance imposed upon an
immovable for the benefit of the community or one or Almendras v CA
more persons or for the benefit of another immovable
belonging to a different owner. Where the easement may be established on any of several
tenements surrounding the dominant estate, the one
Note: Easement is the name used in common law where the way is shortest and will cause the least damage
countries; Servitude, in civil law countries. should be chosen. However, if these two circumstances
do not concur in a single tenement, the way which will
Easement v Lease cause the least damage should be used, even if it will not
be the shortest.
Easement Lease
Always a real right A real right only when it is Article 614. Servitudes may also be established for the
registered or when the benefit of a community, or of one or more persons to
lease of real property whom the encumbered estate does not belong.
exceeds one year.
There is rightful limited There is rightful and Note: While Article 613 speaks of a real easement, Article
use without ownership or limited use and 614 speaks of a personal easement.
possession. possession without
ownership. Personal Easement v Usufruct
Can refer only to May involve real or
immovables. personal property. Personal Easement Usufruct
Cannot be alienated Generally, can be
alienated.
Section 1: Different Kinds of Easement The use is specifically The use has a broader
designated scope, and in general
Article 613. An easement or servitude is an encumbrance comprehends all the
imposed upon an immovable for the benefit of another possible uses of the thing.
immovable belonging to a different owner.

1
Characteristics of Easement Discontinuous easements are those which are used at
intervals and depends upon the acts of man.
a) A real right – therefore an action in rem is possible
against the possessor of the servient estate. Apparent easements are those which are made known
and are continually kept in view by external signs that
b) Imposable only on another’s property reveal the use and enjoyment of the same.
c) It is a jus in re aliena – a real right that may be Non-apparent easements are those which show no
alienated although the naked ownership – nuda external indication of their existence.
proprietas – is maintained.
Article 616. Easements are also positive or negative.
d) It is a limitation or encumbrance on the servient
estate for another’s benefit. A positive easement is one which imposes upon the
owner of the servient estate the obligation of allowing
e) There is inherence or inseparability, from the something to be done or of doing it himself, and a
estate to which it belongs. negative easement, that which prohibits the owner of the
servient estate from doing something which he could
f) It is Indivisible lawfully do if the easement did not exist.
g) It is Intransmissible Classification of Easements
h) It is Perpetual A. According to Party Given the Benefit
Note: There can be easement imposed on personal 1) Real or predial – for the benefit of another
property; only immovables may be burdened with immovable belonging to a different owner.
easements.
2) Personal easement – for the benefit of one or
Article 615. Easements may be continuous or more persons or of the community.
discontinuous, apparent or non-apparent.
B. According to the Manner They are Exercised
Continuous easements are those the use of which is or
may be incessant, without the intervention of any act of
man.

2
 1) Continuous easements – their use is incessant, 2) Right to get specific materials or objects from
or may be incessant, without the intervention of the servient estate.
any act of man.
3) Right to participate in ownership.
2) Discontinuous easements – they are used at
intervals and depend upon the acts of man. 4) Right to impede or prevent the neighboring
estate from performing a specific act of
C. According to Whether or Not Their Existence Is ownership.
Indicated
F. According to the Source or Origin and
1) Apparent Easements – those made known and Establishment of the Easement
continually kept in view by external signs that
reveal the use and enjoyment of the same. 1) Voluntary – constituted by will or agreement of
the parties or by a testator.
2) Non-apparent easements – they show no
external indication of their existence. 2) Mixed – created partly by agreement and partly
by the law.
D. According to the Purpose of the Easement or the
Nature of the Limitation 3) Legal – those constituted by law for public use
or private interest.
1) Positive easement – here the owner of the
servient estate is obliged (a) to allow something Example of Legal Easement:
to be done on his property or (b) to do it himself.
a) Waters (Arts. 637-648)
2) Negative easements – here the owner of the
servient estate is prohibited to do something b) Right of way (Arts. 649-657)
which he could lawfully do were it not for the c) Party wall (Arts. 649-657)
existence of the easement.
d) Light and view (Art. 667-673)
E. According to the Right Given
e) Drainage of buildings (Arts. 674-676)
1) Right to partially use the servient estate.
f) Intermediate distances (Arts. 667-681)

3
 g) Against nuisances (Arts. 682-683) Article 618. Easements are indivisible. If the servient
estate is divided between two or more persons, the
h) Lateral and subjacent support (Arts. 684-687) easement is not modified, and each of them must bear it
on the part which corresponds to him.
Article 617. Easements are inseparable from the estate
to which they actively or passively belong. If it is the dominant estate that is divided between two or
more persons, each of them may use the easement in its
Note: entirety, without changing the place of its use, or making
 The word “inseparable” indicates that it more burdensome in any other way.
independently of the immovable to which they are Note:
attached, easements do not exist,
 Partition or division of an estate does not divide the
 Easements cannot be sold or donated or easement, which continues to be complete in that
mortgaged independently of the real property to each of the dominant estates can exercise the
which they may be attached. whole easement over each of the servient estates,
 Easements shall continue to subsist and shall held but ONLY on the part corresponding to each of
to pass with the title of ownership until rescinded them.
or extinguished by virtue of the registration of the Article 619. Easements are established either by law or
servient estate or any other manner. by the will of the owners. The former are called legal and
 Although as a rule, the registration of the servient the latter voluntary easements.
estate without the registration of the voluntary Note:
easement presumably extinguishes the easement,
there is NO extinguishment of said easement if:  When the court says that an easement exists, it is
not creating one; it merely declared the existence
a) The grantee or transferee of the servient estate of an easement created by law or by the parties or
actually knew of the existence of the unrecorded testator.
easement.

b) There is an understanding or stipulation that the

easement would continue to exist.

4
Section 2: Modes of Acquiring Easements Article 621. In order to acquire by prescription the
easements referred to in the preceding article, the time
Article 620. Continuous and apparent easements are
of the possession shall be computed thus: positive
acquired either by virtue of a title or by prescription of
ten years. easement, from the day on which the owner of the
dominant estate, or the person who may have made use
How Easements are Acquired of the easement, commenced to exercise it upon the
servient estate; and in negative easements, from the day
A. If continuous and apparent, they may be acquired:
on which the owner of the dominant estate forbade, by
1) By Title an instrument acknowledged before a notary public, the
owner of the servient estate, from executing an act which
2) By Prescription (10 years)
would be lawful without the easement.
B. If discontinuous and apparent – Only by Title.
Note: Bar Question
C. If continuous and non-apparent – Only by Title.
Q: May the Easement of Right of Way be acquired by
D. If discontinuous and non-apparent – Only by Title. prescription?

Note: A: No, because it is discontinuous or intermittent. The

limitation on the servient owner’s right of ownership
 Meaning of Title exists only when the dominant owner actually crosses or
passes over the servient estate. Since the dominant owner
a) Title here does not necessarily mean document. be continually crossing the servient estate, but can do so
only at intervals, the easement is necessarily of a
b) It means a juridical act or law sufficient to create
discontinuous nature.
the encumbrance. (Example: Law, Donation,
Testamentary Succession, Contract). Article 622. Continuous non-apparent easements, and
discontinuous ones, whether apparent or not, may be
 Prescription under Article 620 requires 10 years
acquired only by virtue of a title.
irrespective of the good or bad faith, the presence
or absence of just title on the part of the possessor.

5
Article 623. The absence of a document or proof showing Article 625. Upon the establishment of an easement, all
the origin of an easement which cannot be acquired by the rights necessary for its use are considered granted.
prescription may be cured by a deed of recognition by the
owner of the servient estate or by a final judgment. Grants of Necessary Rights for the Use of the
Easement
Note:
a) Unless the necessary rights are also granted, the
This article refers only to the following easements: right to the easement itself is rendered nugatory.

a) Continuous non-apparent b) Necessary rights include repair, maintenance,

accessory easements such as the right of way if the
b) Discontinuous easements easement is for the drawing of water.
How Proof May Be Given of the Existence of the c) Termination of the principal easement necessarily
Easements ends all the secondary or accessory easements.
a) By deed of recognition by the servient owner. Article 626. The owner of the dominant estate cannot use
the easement except for the benefit of the immovable
b) Final judgment. originally contemplated. Neither can he exercise the
Article 624. The existence of an apparent sign of easement in any other manner than that previously
easement between two estates, established or established.
maintained by the owner of both, shall be considered,
Section 3
should either of them be alienated, as a title in order that
the easement may continue actively and passively, Rights and Obligations of the Owner of the Dominant
unless, at the time the ownership of the two estates is and Servient Estates
divided, the contrary should be provided in the title of
conveyance of either of them, or the sign aforesaid Article 627. The owner of the dominant estate may make,
should be removed before the execution of the deed. This at his own expense, on the servient estate any works
provision shall also apply in case of the division of a thing necessary for the use and preservation of the servitude,
owned in common by two or more persons. but without altering it or rendering it more burdensome.

6
For this purpose, he shall notify the owner of the servient Article 630. The owner of the servient estate retains the
estate, and shall choose the most convenient time and ownership of the portion on which the easement is
manner so as to cause the least inconvenience to the established, and may use the same in such a manner as
owner of the servient estate. not to affect the exercise of the easement.

Article 628. Should there be several dominant estates, Notes: Article 627 to 630
the owners of all of them shall be obliged to contribute
to the expenses referred to in the preceding article, in Rights of the Dominant Estate
proportion to the benefits which each may derive from
the work. Any one does not wish to contribute may a) To exercise the easement and all necessary rights
exempt himself by renouncing the easement for the for its use including accessory easement.
benefit of the others. b) To make on the servient estate all works necessary
If the owner of the servient estate should make use of the for the use and preservation of the servitude, BUT
easement in any manner whatsoever, he shall also be –
obliged to contribute to the expenses in the proportion 1) This must be at his own expense
stated, saving an agreement to the contrary.
2) He must notify the servient owner
Article 629. The owner of the servient estate cannot
impair, in any manner whatsoever the use of the 3) Select convenient time and manner
servitude.
4) He must not alter the easement nor render it
Nevertheless, if by reason of the place originally more burdensome.
assigned, or of the manner established for the use of the
easement, the same should become very inconvenient to c) To ask for a mandatory injunction to prevent
the owner of the servient estate, or should prevent him impairment or obstruction in the exercise of the
from making any important works, repairs or easement as when the owner of the servient estate
improvements thereon, it may be changed at his expense, obstructs the right of way by building a wall or
provided he offers another place or manner equally fence.
convenient and in such a way that no injury is caused
thereby to the owner of the dominant estate or to those d) To renounce totally the easement if he desires
who may have a right to the use of the easement. exemption from the contribution to expenses.

7
Obligations of the Dominant Estate Obligations of the Servient Estate

a) He cannot alter the easement. a) He cannot impair the use of the easement.

b) He cannot make it more burdensome. b) He must contribute to the expenses in case he uses
the easement, unless there is a contrary
1) Thus, he cannot use the easement except for stipulation.
movable originally contemplated.
c) In case of impairment, to restore conditions to the
2) In the easement of right of way, he cannot status quo at his expense plus damages.
increase the agreed width of the path, nor
deposit soil or materials outside of the d) To pay for the expenses incurred for the change of
boundaries agreed upon, BUT he may allow location or form of the easement.
others to use the path except if the contrary has
been stipulated. Section 4: Modes of Extinguishment of Easements

c) If there be several dominant estates, each must Article 631. Easements are extinguished.
contribute to necessary repairs and expenses in
proportion to the benefits received by each estate. 1) By merger in the same person of the ownership of
the dominant and servient estates;
d) Regarding the making of repairs.
2) By non-user for ten years; with respect to
1) This must be at his own expense discontinuous easements, this period shall be
computed from the day on which they ceased to be
2) He must notify the servient owner used; and, with respect to continuous easements
from the day on which an act contrary to the same
3) Select convenient time and manner took place;
4) He must not alter the easement nor render it 3) When either or both of the estates fall into such
more burdensome. condition that the easement cannot be used; but it
shall revive if the subsequent condition of the
estates or either of them should again permit its
use, unless when the use becomes possible,

8
 sufficient time for prescription has elapsed, in  The proof of non-user must be indubitable, and
accordance with the provisions of the preceding this is particularly true if the easement of right of
number; way was annotated in the Torrens Title.

4) By the expiration of the term or the fulfillment of  From what time to compute:
the condition, if the easement is temporary or
conditional; (1) If discontinuous easement – from the time it ceased
to be used.
5) By the renunciation of the owner of the dominant
estate; (2) If a continuous easement – from the day on which
an act contrary to the same took place.
6) By the redemption agreed upon between the
owners of the dominant estate and servient 3. Bad Condition of the Tenement or Impossibility
estates. of Use – this merely suspends since possibility of
use revives the easement.
Note:
4. Expiration of the Term or Fulfillment of the
How Easements are Extinguished Condition

1. Merger – the merger must be absolute, complete, 5. Renunciation by the Owner of the Dominant
not temporary. Thus, if the owner of the servient Estate
estate buys the whole portion affected, the merger
is complete. But if the portion bought is not the  Renunciation must be express, clear, specific.
portion affected, the easement naturally remains. This is particularly true for discontinuous
easements.
2. Non-User for Ten Years
6. Redemption Agreed Upon
 Non-user refers to an easement that has once been
used because one cannot discontinue using what  This is voluntary redemption, existing because
one has never used. of an express stipulation.

 The stipulation may provide conditions under

which the easement would be extinguished.

9
Other Causes for Extinguishment of Easement Prescription Re Voluntary Easements

a) Expropriation of the servient estate; a) The easement may itself prescribe.

b) Permanent impossibility to make use of the b) The form or manner of using may also prescribe in
easement; the same manner as the easement itself.

c) Annulment, rescission, or cancellation of the title Prescription Re Legal Easements

that constituted the easement;
 Some legal easements do not prescribe, moreover,
d) Abandonment of the servient estate; the right to exercise them cannot also prescribe.
But the manner and form of using them may
e) Resolution of the right of the grantor to create the prescribe, as in the case of the easement of right
easement; of way.
f) Registration of the servient estate as FREE, that is,  But some legal easements do prescribe, as in the
although the servient estate was registered under case of the servitude of natural drainage.
the Torrens system, the easement thereon was not
registered unless there is a stipulation or actual Article 633. If the dominant estate belongs to several
knowledge of the existence of the easement on the persons in common, the use of the easement by any one
part of the transferee. of them prevents prescription with respect to the others.

g) In the case of the legal easement of the 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.

Article 632. The form or manner of using the easement

may prescribe as the easement itself, and in the same
way.

10
Chapter 2: Legal Easements Article 635. All matters concerning easements
established for public or communal use shall be governed
Article 634. Easements by law have their object either by the special laws and regulations relating thereto, and,
public use or the interest of private persons. in the absence thereof, by the provisions of the Title.
Legal Easements – they are the easements imposed by How Public or Communal Easements are Governed
the law, and which have for their object – either:
a) Special laws and regulations
a) Public use
b) The Civil Code (suppletory effect)
b) Or the interest of private person
Article 636. Easements established by law in the interest
Kinds of Legal Easements According to Use or Purpose of private persons or for private use shall be governed by
the provisions of this Title, without prejudice of general
a) Those for public use or local laws and ordinances for the general welfare.
b) Those for private interest These easements may be modified by agreement of the
Different Legal Easements interested parties, whenever the law does not prohibit it
or no injury is suffered by a third person,
a) The easements relating to waters (Arts. 637-648)
How Legal Easements for Private Interest are
b) Right of way (Arts. 649-657) Governed

c) Party wall (Arts. 649-657) a) Agreement of interest parties provided not

prohibited by law nor prejudicial to a third person.
d) Light and view (Art. 667-673)
b) In default of (a) general or local laws and
e) Drainage of buildings (Arts. 674-676) ordinances for the general welfare.

f) Intermediate distances (Arts. 667-681) c) In default of (b), the Civil Code.

g) Easement against Nuisance

h) Lateral and subjacent support

11
Section 2: Easements Relating to Waters Duties of Servient Estate

Article 637. Lower estates are obliged to receive the The owner cannot construct works that would impede the
waters which naturally and without the intervention of easement such as a blocking dam, which would divert the
man descend from the higher estates, as well as the flow, and burden another tenement, nor can he enclose
stones or earth which they carry with them. his land by ditches or fences which would impede the
flow, but he may regulate or control the descent of the
The owner of the lower estate cannot construct works water.
which will impede this easement; neither can the owner
of the higher estate make works which will increase the Duties of the Dominant Estate
burden.
a) He cannot make works which will increase the
Enumeration of Legal Easements Relating to Waters burden.

The following are the legal easements relating to waters: b) But he may construct works preventing erosion.

a) Natural drainage of lands. c) If the descending waters are the result of artificial
development or proceed from industrial
b) Natural drainage of buildings. establishments recently set up, or are the overflow
from irrigation dams, the owner of the lower estate
c) Easements on riparian banks for navigation, shall be entitled to compensation for his loss or
floatage, fishing, salvage. damage.
d) Easements on dam. Note: Article 637 does not speak of any indemnity. It
e) Easement for drawing water or for watering follows that no indemnity is required as long as the
animals. conditions laid down in the article are complied with.

f) Easements of aqueduct. Article 638. The banks of rivers and streams, even in case
they are of private ownership, are subject throughout
g) Easement for the construction of a stop lock or their entire length and within a zone of three meters
sluice gate. along their margins, to the easement of public use in the
general interest of navigation, floatage, fishing and
salvage.

12
Estates adjoining the banks of navigable or floatable Payment of Indemnity
rivers are furthermore, subject to the easement of tow
path for the exclusive service of river navigation and a) If the land be of public ownership – no indemnity
floatage.
b) If the land be private ownership – Indemnity
If it be necessary for such purpose to occupy lands of
private ownership, the proper indemnity shall first be Width of Zone Burdened
paid. a) Three meters long along the river margins, for
Note: navigation, floatage, fishing, salvage.

 Riverbank – is a lateral strip of shore washed by the b) Tow Path –

water during high tides but which cannot be said 1) 2 meters – if for animals
to be flooded or inundated.
2) 1 meter – if for pedestrians
The Easements Allowed
Article 639. Whenever for the diversion or taking of water
a) On banks of rivers (whether the bank be private or from a river or brook, or for the use of any other
public; whether the river be navigable or not), a continuous or discontinuous stream, it should be
public easement for: necessary to build a dam, and the person who is to
1) Navigation construct it is not the owner of the banks, or lands which
must support it, he may establish the easement of
2) Floatage abutment of a dam, after payment of the proper
indemnity.
3) Fishing
Article 640. Compulsory easements for drawing water or
4) Salvage for watering animals can be imposed only for reasons of
public use in favor of a town or village, after payment of
b) On banks of navigable or floatable rivers; also, the the proper indemnity.
easement of TOW PATH – for the exclusive service
of river navigation and floatage.

13
Article 641. Easements for drawing water and for Article 643. one desiring to make use of the right granted
watering animals carry with them the obligation of the in the preceding article is obliged:
owners of the servient estates to allow passage to
persons and animals to the place where such easements (1) To prove that he can dispose of the water and that
are to be used, and the indemnity shall include this it is sufficient for the use for which it is intended;
service.
(2) To show that the proposed right of way is the most
Requirements for Such an Easement to Exist convenient and the least onerous to third persons;

a) It must be for public use. (3) To indemnify the owner of the servient estate in the
manner determined by the laws and regulations.
b) It must be in favor of a town or village.
Article 644. The easement of aqueduct for private
c) The right must be sought not by one individual, but interest cannot be imposed on buildings, courtyards,
by the town or village, through its legal annexes, or out-houses, or on orchards or gardens
representation. already existing.

d) There must be payment of the proper indemnity. Article 645. The easement of aqueduct does not prevent
the owner of the servient estate from closing or fencing
e) The right of way should have a maximum width of it, or from building over the aqueduct in such manner as
10 meters, which cannot be altered by the owners not to cause the latter any damage, or render necessary
of the servient estates although the direction of the repairs and cleanings impossible.
path may indeed be changed, provided that the use
of the easement is not prejudiced. Article 646. For legal purposes, the easement for
aqueduct shall be considered as continuous and
Article 642. Any person who may wish to use upon his apparent, even though the flow of the water may not be
own estate any water of which he can dispose shall have continuous, or its use depends upon the needs of the
the right to make it flow through the intervening estates, dominant estate, or upon a schedule of alternate days or
with the obligation to indemnify their owners, as well as hours.
the owners of the lower estates upon which the waters
may filter or descend.

14
Notes: Articles 642 – 646 c) Construction of tubes or pipes.

Easement of Aqueduct – the right to make water flow Obligations of the Dominant Owner
through the intervening estates in order that one may
make use of the said waters. a) To keep the aqueduct in proper use or care.

Requisites to Acquire the Easement b) To keep on hand necessary materials for its use.

a) Indemnity must be paid. The amount usually Preservation of Right of Servient Estate to Fence
depends on duration and inconvenience caused.
The servient owner may still enclose or fence the servient
b) If for private interests, the easement cannot be estate, or even build over the aqueduct, so long as:
imposed on existing buildings, courtyards,
a) No damage is caused;
annexes, out-houses, orchards, or gardens.
b) Or repairs and cleanings become impossible.
c) There must be proof.

1) That he can dispose of the water. Article 647. One who for the purpose of irrigating or
improving his estate, has to construct a stop lock or
2) That the water is sufficient for the use for which sluice gate in the bed of the stream from which the water
it is intended. is to be taken, may demand that the owners of the banks
permit its construction, after payment of damages,
3) That the proposed course is the most including those caused by the new easement to such
convenient and the least onerous to third owners and to the other irrigators.
persons and the servient estate.
Requisites: Construction of a Stop Lock or Sluice Gate:
4) That proper administrative permission be
obtained. a) Purpose must be for irrigation or improvement;

Possible Ways of Making Effective the Easement b) The construction must be on the estate of another;

a) Construction of an open canal c) Damages must be paid;

b) Construction of a covered or closed canal d) Third persons should not be prejudiced.

15
Article 648. The establishment, extent, form and Note:
conditions of the servitudes of waters, to which this
section refers, shall be governed by the special laws Easement of Right of Way – the easement or privilege by
relating thereto insofar as no provisions therefor is made which one person or a particular class of persons is
in this Code. allowed to pass over another’s land, usually through one
particular path or line.
Section 3: Easements of Right of Way
Requisites of the Easement
Article 649. The owner, or any person who by virtue of a
real right may cultivate or use any immovable, which is a) The property is surrounded by estates of others,
surrounded by other immovables pertaining to other
persons and without adequate outlet to a public highway, b) There is no adequate outlet to a public highway. If
is entitled to demand a right of way through the outlet is through the water, like a river or sea,
neighboring estates, after payment of the proper under Spanish law, the easement cannot be
indemnity. demanded for there exists an adequate outlet.

c) There must be payment of the proper indemnity.

Should this easement be established in such a manner
that its use may be continuous for all the needs of the The Proper Indemnity
dominant estate, establishing a permanent passage, the
indemnity shall consist of the value of the land occupied a) If the passage is permanent, pay the value of land
and the amount of the damage caused to the servient occupied by the path plus damages.
estate.
b) If temporary, pay for the damages caused.
In case the right of way is limited to the necessary
passage for the cultivation of the estate surrounded by Classification of Right of Way
others and for the gathering of its crops through the
servient estate without a permanent way, the indemnity a) Private or b) Public
shall consist in the payment of the damage caused by
Note: The only servitude a private property owner is
such encumbrance.
required to recognize in favor of the Gov’t is the
This easement is not compulsory if the isolation of the easement of a public highway, way, private way
immovable is due to the proprietor’s own acts. established by law, or any gov’t canal or lateral thereof.

16
Article 650. The easement of right of way shall be Article 654. If the right of way is permanent, the
established at the point least prejudicial to the servient necessary repairs shall be made by the owner of the
estate, and insofar as consistent with this rule, where the dominant estate. A proportionate share of the taxes shall
distance from the dominant estate to a public highway be reimbursed by said owner to the proprietor of the
may be shortened. servient estate.

Article 651. The width of the easement of right of way Ownership of, and Repairs and Taxes on, the Path
shall be that which is sufficient for the needs of the
dominant estate, and may accordingly be changed from a) Even though permanent, the path belongs to the
time to time. servient estate, and he pays all the taxes.

Article 652. Whenever a piece of land acquired by sale, b) BUT the dominant estate:
exchange or partition, is surrounded by other estates of
the vendor, exchanger, or co-owner, he shall be obliged 1) Should pay for the repairs;
to grant a right of way without indemnity. 2) Should pay proportionate share of taxes to the
servient estate.
In case of a simple donation, the donor shall be
indemnified by the donee for the establishment of the Article 655. If the right of way granted to a surrounded
right of way. estate ceases to be necessary because its owner has
joined it to another abutting on a public road, the owner
Article 653. In the case of the preceding article, if it is the
of the servient estate may demand that the easement be
land of the grantor that becomes isolated, he may
extinguished, returning what he may have received by
demand a right of way after paying an indemnity.
way of indemnity. The interest on the indemnity shall be
However, the donor shall not be liable for indemnity.
deemed to be in payment of rent for the use of the
Rules if Grantor’s or Grantee’s Land is Enclosed easement.

a) If the enclosing estate is that of the grantor, the The same rule shall be applied in case a new road is
grantee does not pay indemnity for the easement. opened giving access to the isolated estate.

b) If the enclosed estate is that of the grantor, the In both cases, the public highway must substantially meet
grantor must pay indemnity. the needs of the dominant estate in order that the
easement may be extinguished.

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Causes for Extinguishment of the Easement of Right Temporary Easement of Right of Way
of Way
a) The easement here is necessarily only temporary.
a) Opening a new road.
b) Indispensable is not to be construed literally. The
b) Joining the dominant estate of another which causing of great inconvenience is sufficient.
abuts, and therefore has access to the public
highway. c) The owner can make use of Article 656.

Extinguishment Not Automatic Article 657. Easements of the right of way for the
passage of livestock known as animal path, animal trail
The extinguishment is not automatic, because the law or any other, and those for watering places, resting
says that the servient owner “may demand.” It follows that places and animal folds, shall be governed by the
if he chooses not to demand, the easement remains, and ordinances and regulations relating thereto, and, in the
he has no duty to refund the indemnity. absence thereof, by the usages and customs of the place.

Note: Without prejudice to rights of legally acquired, the animal

path shall not exceed in any case the width of 75 meters,
 This article applies only to the legal or compulsory and the animal trail that of 37 meters and 50 centimeters.
easement of right of way.
Whenever it is necessary to establish a compulsory
 If the easement is temporary, the indemnity does easement of the right of way or for a watering place for
not have to be returned since the damage had animals, the provisions of this Section and those of
already been caused. Article 640 and 641 shall be observed. In this case the
width shall not exceed 10 meters.
Article 656. If it be indispensable for the construction,
repair, improvement, alteration or beautification of a Note: Width (Maximum)
building, to carry materials through the estate of another,
or to thereon scaffolding or other objects necessary for a) Animal path – 75 meters
the work, the owner of such estate shall be obliged to
permit the act, after receiving payment of the proper b) Animal trail – 37 meters and 50 centimeters
indemnity for the damage caused him.
c) Cattle – 10 meters

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Section 4: Easement of Party Wall Article 660. It is understood that there is an exterior sign
contrary to the easement of party wall:
Article 658. The easement of party wall shall be governed
by the provisions of this Title, by the local ordinances and 1) Whenever in the dividing wall of buildings there is
customs insofar as they do not conflict with the same, a window or opening;
and by the rules of co-ownership.
2) Whenever the dividing wall is, on one side, straight
Note: The easement of party wall shall be called and plumb on all its facement, and on the other, it
servidumbre de medianera. has similar conditions on the upper part, but the
lower part slants or projects outward;
 Party wall – this is a wall at the dividing line of
estates. Co-ownership governs the wall; hence, the 3) Whenever the entire wall is built within the
party wall is necessarily a common wall. boundaries of one of the estates;

Article 659. The existence of an easement of party wall 4) Whenever the dividing wall bears the burden of the
is presumed, unless there is a title, or exterior sign, or binding beams, floors and roof frame of one of the
proof to the contrary. buildings, but not those of the others;

1) In dividing walls and adjoining buildings up to the 5) Whenever the dividing wall between courtyards,
point of common elevation; gardens, and tenements is constructed in such a
way that the coping sheds the water upon only one
2) In dividing walls of gardens or yards situated in of the estates;
cities, towns, or in rural communities;
6) Whenever the dividing wall, being built of masonry,
3) In fences, walls and live hedges dividing rural has stepping stones, which at certain intervals
lands. project from the surface on one side only, but not
on the other;
The Presumption is Rebutted by:
7) Whenever the lands inclosed by fences or live
a) Title to the contrary hedges adjoin others which are not inclosed.
b) Exterior signs to the contrary In all these cases, the ownership of the walls, fences
c) Proof to the contrary or hedges shall be deemed to belong exclusively to

19
the owner of the property or tenement which has in its Note:
favor the presumption based on any one of these
signs.  This article speaks of proportionate contribution to
repairs and constructions.
Article 661. Ditches or drains opened between two
estates are also presumed as common to both, if there  Renunciation of the share of one owner in the party
is no title or sign showing the contrary. wall may be made, in order to free himself from the
abovementioned contribution UNLESS –
There is a sign contrary to the part-ownership
whenever the earth or dirt removed to open the ditch a) The repair had already been contracted for and
or to clean it is only on one side thereof, in which case made
the ownership of the ditch shall belong exclusively to
the owner of the land having this exterior sign in its b) He still uses the wall.
favor. Requisites for the Renunciation of the Share
Note: The presumption of party wall applies to ditches a) Must be total or complete
and drains opened between two estates.
b) Must be made voluntarily and with full knowledge
Article 662. The cost of repairs and construction of of the facts.
party walls and the maintenance of fences, live
hedges, ditches, and drains owned in common, shall c) Must be made before the expenses are incurred.
be borne by all the owners of the lands or tenements
having the party wall in their favor, in proportion to d) Is made with the implied condition that the other
the right of each. owner should make or pay for the repairs.

Nevertheless, any owner may exempt himself from e) Must be of both the share in the wall and the share
contributing to this charge by renouncing his part- in the land, for the wall cannot be used without the
ownership, except when the party wall supports a land.
building belonging to him.

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Article 663. If the owner of a building supported by a b) Must pay the necessary damages caused, even if
party wall desires to demolish the building, he may also the damage be temporary.
renounce his part-ownership of the wall, but the cost of
all repairs and work necessary to prevent any damage c) Must bear the costs of maintenance of the portion
which the demolition may cause to the party wall, on this added.
occasion only, shall be borne by him.
d) Must pay for the increased cost of preservation.
Article 664. Every owner may increase the height of the
e) Must reconstruct of original wall cannot bear the
party wall, doing so at his own expense and paying for
any damage which may be caused by the work, even increased height.
though such damage be temporary. f) Must give the additional space necessary, if wall is
The expenses of maintaining the wall in the part newly to be thickened.
raised or deepened at its foundation shall also be paid for Article 665. The other owners who have not contributed
by him; and, in addition, the indemnity for the increased is giving increased height, depth or thickness to the wall
expenses which may be necessary for the preservation of may, nevertheless, acquire the right of part-ownership
the party wall by reason of greater height or depth which therein, by paying proportionally the value of the work at
has been given it. the time of the acquisition and of the land used for its
If the party wall cannot bear the increased height, the increased thickness.
owner desiring to raise it shall be obliged to reconstruct Article 666. Every part-owner of a party wall may use it in
it at his own expense; and, if for this purpose it be proportionate to the right he may have in the co-
necessary to make it thicker, he shall give the space ownership, without interfering with the common and
required from his own land. respective uses by the other co-owners.
Increasing the Height of the Party Wall

This deals with the right to increase the height of the

party wall. He who desires this:

a) Must do so at his own expense.

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Section 5: Easement of Light and View size of thirty centimeters square, and, in every case, with
an iron grating imbedded in the wall and with a wire
A. The easement of Light – jus luminum screen.
B. The easement of View – servidumbre prospectus Nevertheless, the owner of the tenement or property
adjoining the wall in which the openings are made can
Article 667. No part-owner may, without the consent of close them should he acquire part-ownership thereof, if
the others, open through the party wall any window or there be no stipulation to the contrary.
aperture of any kind.
He can also obstruct them by constructing a building on
Article 668. The period of prescription for the acquisition his land or by raising a wall thereon contiguous to that
of an easement of light and view shall be counted: having such openings, unless an easement of light has
1) From the time of the opening of the window, if it is been acquired.
through a party wall; or Restricted Windows
2) From the time of the formal prohibition upon the The openings or windows referred to in this article are for
proprietor of the adjoining land or tenement, if the light, not view, hence, the conditions or restrictions set
window is through a wall on the dominant estate. them for.
When Easement of Light and View is Positive and The Restrictions Themselves
When Negative
a) Maximum size – 30 cm. square (that is not more
a) Positive – if the window is through a party wall. than 30 cm. length or width)
b) Negative – if the window is through one’s own wall, b) There must be an iron grating imbedded in the
that is, through a wall of the dominant estate. wall.
Article 669. When the distances in Article 670 are not c) There must be a wire screen.
observed, the owner of a wall is not a party wall, adjoining
a tenement or piece of land belonging to another, can d) The opening must be at the height of the ceiling
make in it openings to admit light at the height of the joists (beams) or immediately under the ceiling.
ceiling joists or immediately under the ceiling, and of the

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Article 670. No windows, apertures, balconies, or other Rule as to Terraces
similar projections which afford a direct view upon or
towards an adjoining land or tenement can be made, Article 670 applies also to terraces, if there are railings,
without leaving a distance of two meters between the wall but not if there are no railings.
in which they are made and such contiguous property.
Article 672. The provisions of Article 670 are applicable
Neither can side or oblique views upon or towards such to buildings separated by a public way or alley, which is
conterminous property be had, unless there be a distance not less than three meters wide, subject to special
of sixty centimeters. regulations and local ordinances.

The non-observance of these distances does not give rise Article 673. Whenever by any title a right has been
to prescription. acquired to have direct views, balconies or belvederes
overlooking an adjoining property, the owner of the
Article 671. The distances referred to in the preceding servient estate cannot build thereon at less than a
article shall be measured in cases of direct views from the distance of three meters to be measured in the manner
outer line of the latter when they do, and in cases of provided in Article 671. Any stipulation permitting
oblique views from the dividing line between the two distances less than those prescribed in Article 670 is
properties. void.

Note: Articles 670 and 671 deal with regular, full Section 6: Drainage of Buildings
windows. Regular windows can be opened provided that
the proper distances are followed. Article 674. The owner of a building shall be obliged to
construct its roof or covering in such a manner that the
The Proper Distances rain water shall fall on his own land or on a street or
public place, and not on the land of his neighbor, even
a) For windows having direct views, observe at least though the adjacent land may belong to two or more
two meters distance between the wall having the persons, one of whom is the owner of the roof. Even if it
windows and the boundary line. should fall on his own land, the owner shall be obliged to
collect the water in such a way as not cause damage to
b) For windows having side or oblique views, observe the adjacent land or tenement.
a distance of at least 60 cm. between the boundary
line and the nearest edge of the window.

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Restrictions with Respect to the Easement of Drainage Conditions
of Buildings
a) Because of enclosure, there is no adequate outlet
a) A person should let rainwater fall on his own land, for the rainwater (or similar things).
and not on the adjacent land, even if he be a co-
owner of the latter. b) The outlet must be at the point of easiest egress.

b) Rainwater must be collected, instead of just being c) Least possible damage.

allowed to drift to the adjacent or lower land.
d) Payment of proper indemnity.
Note: Article 674 does not really create an easement, for
it merely regulates the use of a person’s property insofar Section 7. Intermediate Distances and Works for
as rainwater is concerned. Certain Constructions and Plantings

Article 677. No constructions can be built or plantings

Article 675. The owner of a tenement or a piece of land,
made near fortified places or fortresses without
subject to the easement of receiving water falling from
compliance with the conditions required in special
roofs, may build in such a manner as to receive the water
laws, ordinances, and regulations relating thereto.
upon his own roof or give it another outlet in accordance
with local ordinances or customs, and in such a way as Article 678. No person shall build any aqueduct, well,
not to cause any nuisance or damage whatever to the sewer, furnace, forge, chimney, stable, depository of
dominant estate. corrosive substances, machinery, or factory which by
Article 676. Whenever the yard of court of a house is reason of its nature or products is dangerous or noxious,
surrounded by other houses, and it is not possible to give without observing the distances prescribed by the
an outlet through the house itself to the rain water regulations and customs of the place, and without
collected thereon, the establishment of an easement of making the necessary protective works, subject, in regard
to the manner thereof, to the conditions prescribed by
drainage can be demanded, giving an outlet to the water
such regulations. These prohibitions cannot be altered or
at the point of the contiguous lands or tenements where
renounced by stipulation on the part of the adjoining
its egress may be easiest, and the establishing a conduit
for the drainage in such manner as to cause the least proprietors.
damage to the servient estate, after payment of the
proper indemnity.

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In the absence of regulations, such precautions shall be
taken as may be considered necessary, in order to avoid
any damage to the neighboring lands or tenements.

Article 679.

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