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    Property Waters

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    Jan Uriel David
    This document discusses different easements relating to waters under Philippine law. It describes the following easements: natural drainage, drainage of buildings, easements on riparian banks for navigation and other uses, easements for dams, drawing water or watering animals, and aqueducts. For each easement, it provides details on the relevant civil code articles, requirements, and limitations. The document aims to explain the different types of water-related easements and their legal regulations in the Philippines.

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    Property Waters

    Uploaded by

    Jan Uriel David
    375 views13 pages
    This document discusses different easements relating to waters under Philippine law. It describes the following easements: natural drainage, drainage of buildings, easements on riparian banks for navigation and other uses, easements for dams, drawing water or watering animals, and aqueducts. For each easement, it provides details on the relevant civil code articles, requirements, and limitations. The document aims to explain the different types of water-related easements and their legal regulations in the Philippines.

    Original Description:

    Easement on waters

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    This document discusses different easements relating to waters under Philippine law. It describes the following easements: natural drainage, drainage of buildings, easements on riparian banks for navigation and other uses, easements for dams, drawing water or watering animals, and aqueducts. For each easement, it provides details on the relevant civil code articles, requirements, and limitations. The document aims to explain the different types of water-related easements and their legal regulations in the Philippines.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    375 views13 pages

    Property Waters

    Uploaded by

    Jan Uriel David
    This document discusses different easements relating to waters under Philippine law. It describes the following easements: natural drainage, drainage of buildings, easements on riparian banks for navigation and other uses, easements for dams, drawing water or watering animals, and aqueducts. For each easement, it provides details on the relevant civil code articles, requirements, and limitations. The document aims to explain the different types of water-related easements and their legal regulations in the Philippines.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 13

    Easements relating

    to waters
    Article 637 to 648 of the Civil Code of the
    Philippines

    Different Easements relating to


    waters
    1. Natural drainage (Art. 637)
    2. Drainage of Buildings (Art. 674)
    3. Easement on Riparian banks

    fornavigation, floatage, fishing, salvage,


    and tow path (Art. 638)
    4. Easement of a Dam (Arts. 639, 647)
    5. Easement for drawing Water or for
    watering animals (Arts. 640641)
    6. Easement of Aqueduct (Arts. 642 636)

    NATURAL DRAINAGE
    Art 637 . Lower estates are obliged to

    receive the waters which naturally and


    without the intervention of man descend
    from the higher estates, as well as the
    stones or earth which they carry with
    them.
    The owner of the lower estate cannot
    construct works which will impede this
    easement; neither can the owner of the
    higher estate make works which will
    increase the burden.

    Limitation on Natural
    Drainage
    a. Dominant owner must not increase the

    burden but he may erect works to avoid


    erosion.

    b. The servient owner must not impede the

    descent of water (but may regulate it).

    Easement on Riparian banks fornavigation,


    floatage, fishing, salvage, and tow path
    Banks of rivers and streams, whether they
    are of public or private ownership, are
    subject to easement of public use for:
    navigation,
    floatage,
    fishing, and
    salvage, and
    with respect to estates adjourning banks of

    navigable rivers, also to easement of towpath

    land of public ownership: no indemnity;


    land of private ownership: proper indemnity shall

    first be paid before it may be occupied


    Riparian owners cannot be required to subject their

    property to the easement for the benefit of the public


    without prior indemnity.

    The width of the zone subject to the easement is

    three meters throughout the entire length of the


    bank along its margin.
    The easement established by Article 638 does not
    apply to canals (esteros). (Ayala de Roxas v. City of
    Manila)

    Easement of a Dam
    Art. 639. Whenever for the diversion or

    taking of water from a river or brook, or


    for the use of any other continuous or
    discontinuous stream, it should be
    necessary to build a dam, and the person
    who is to construct it is not the owner of
    the banks, or lands which must support
    it, he may establish the easement of
    abutment of a dam, after payment of the
    proper indemnity.

    Requisites
    He must seek the permission of the owner, and in case of

    the latters refusal he must secure authority from the


    proper administrative agency which will conduct the
    necessary investigation in which all interested parties are
    given opportunity to be heard.
    In establishing the easement, the proper indemnity must
    be paid.
    Dam whose construction is unauthorized:
    considered a private nuisance
    may be lawfully destroyed or removed by the injured
    landowner or by any person acting under his directions.
    It

    is incumbent upon the builder who seeks to restrain affected


    landowners from interfering with his use of the dam to prove that
    he has legal right or authority to build the same.

    EASEMENT FOR DRAWING WATER


    OR FOR WATERING ANIMALS
    This is a personal easement which includes the

    accessory easement of passage or right of way of


    persons and animals to the place where the
    easement is to be used.
    Requisites for easement for watering cattle :
    1.

    It must be imposed for reasons of


    public use

    2.

    It must be in favor of a town or


    village indemnity must be paid

    Requisites for drawing water or for watering of

    animals:
    1. Owner of the dominant estate has the capacity to
    dispose of the water;
    2. The water is sufficient for the use intended
    3. Proposed right of way is the most convenient and the
    least onerous to third persons.
    4. Pay indemnity to the owner of the servient estate
    (Art. 643)

    EASEMENT OF
    AQUEDUCT
    For legal purposes, it is considered continuous

    and apparent even though the flow of water


    may not be continuous or its use depends
    upon the needs of the dominant estate or
    upon a schedule of alternate days or hours.
    (Art. 646, NCC)

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