![Obligations of the dominant owner
1. He cannot Exercise the easement in any other manner than that
previously established (NCC, Art. 626);
2. He cannot Alter the easement or render it more burdensome
[NCC, Art. 627(1)];
3. He shall Notify the servient owner of works necessary for the
use and preservation of the servitude [NCC, Art. 627(2)];
4. He must Choose the most convenient time and manner of
making the necessary works as to cause the least inconvenience
to the servient owner; and
5. If there are several dominant estates he must Contribute to the
necessary expenses in proportion to the benefits derived from the
works [NCC, Art. 628(1)]
10](https://image.slidesharecdn.com/rulesoneasementfinalg1-201121015402/85/Rules-on-Easement-10-320.jpg)
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Rights of the servient owner
1. Retain the ownership of the portion
of the estate on which easement is
imposed;
2. Make use of the easement unless
there is an agreement to the contrary
[NCC, Art. 628(2)]; and
3. Change the place or manner of the
use of the easement, provided it be
equally convenient [NCC, Art. 629(2)]](https://image.slidesharecdn.com/rulesoneasementfinalg1-201121015402/85/Rules-on-Easement-11-320.jpg)
Rules on Easement
- 2. EASEMENT OR SERVITUDE It is an encumbrance imposed upon an immovable for the benefit of: 1. Another immovable belonging to a different owner; or 2. For the benefit of a community or one or more persons to whom the encumbered estate does not belong by virtue of which the owner is obliged to abstain from doing or to permit a certain thing to be done on his estate (NCC, Articles 613 and 614) 2
- 3. 3 Easement’ Distinguished from ‘Servitude EASEMENT SERVITUDE An English law term Used in civil law countries Real Real or Personal The right enjoyed Burden imposed upon another
- 4. ‘Easement’ Distinguished from ‘Lease’ Lease Easement a real right only when it is registered or when the lease (of real property) exceeds one year always a real right (whether the easement be a real or personal easement) there is rightful and limited use AND possession WITHOUT ownership there is rightful limited use WITHOUT ownership or possession may involve real or personal property. can refer only to immovables
- 5. 1. A right limited by the Needs of the dominant owner or estate, without possession; 2. Inseparable from the estate to which it is attached – cannot be alienated independently of the estate (NCC, Art. 617); 3. Cannot consist in the doing of an act unless the act is accessory in relation to a real easement; 4. Involves two neighboring Estates: the dominant estate to which the right belongs and the servient estate upon which an obligation rests; 5. A Limitation on the servient owner’s rights of ownership; 6. Indivisible – not affected by the division of the estate between two or more persons (NCC, Art. 618); 7. It is enjoyed over Another immovable never on one’s own property; 8. A Real right but will affect third persons only when registered 5
- 6. ‘Personal Easement’ Distinguished From ‘Usufruct’ 6 Personal Easement Usufruct cannot be alienated generally can be alienated the use is specifically designated the use has a broader scope, and in general comprehends all the possible uses of the thing
- 7. PARTIES TO AN EASEMENT 1. Dominant estate – refers to the immovable for which the easement was established; and 2. Servient estate – the estate which provides the service or benefit. 7
- 8. The owner of the dominant estate may make, at his own expense, on the servient state any works necessary for the use and preservation of the servitude, but without altering it or rendering it more burdensome. RIGHTS AND OBLIGATION OF THE OWNERS OF THE DOMINANT AND SERVIENT ESTATES For this purpose he shall notify the owner of the servient estate, and shall choose the most convenient time and manner so as to cause the least inconvenience to the owner of the servient estate(NCC, Art. 627) 8
- 9. Rights of the dominant owner 1. Make on the servient estate all works necessary for the use and preservation of the servitude (NCC, Art. 627); 2. Ask for mandatory injunction to prevent impairment of his right (Resolme v. Lazo, G.R. No. L-8654, March 30, 1914); 3. Renounce the easement if he desires to be exempt from contributing necessary expenses (NCC, Art. 628); and 4. Exercise all rights necessary for the use of the easement (NCC, Art. 625) 9
- 10. Obligations of the dominant owner 1. He cannot Exercise the easement in any other manner than that previously established (NCC, Art. 626); 2. He cannot Alter the easement or render it more burdensome [NCC, Art. 627(1)]; 3. He shall Notify the servient owner of works necessary for the use and preservation of the servitude [NCC, Art. 627(2)]; 4. He must Choose the most convenient time and manner of making the necessary works as to cause the least inconvenience to the servient owner; and 5. If there are several dominant estates he must Contribute to the necessary expenses in proportion to the benefits derived from the works [NCC, Art. 628(1)] 10
- 11. 11 Rights of the servient owner 1. Retain the ownership of the portion of the estate on which easement is imposed; 2. Make use of the easement unless there is an agreement to the contrary [NCC, Art. 628(2)]; and 3. Change the place or manner of the use of the easement, provided it be equally convenient [NCC, Art. 629(2)]
- 12. MODES OF ACQUIRING EASEMENT 12 1. By Title – the following easements may be acquired only by title: a. Continuous non-apparent easements; b. Discontinuous apparent easements; and c. Discontinuous non-apparent easements (NCC, Art. 622) 2. By Prescription of 10 years Prescription runs irrespective of good faith or bad faith of the possessor and whether or not he has just title. The only requirement is adverse possession. Only continuous and apparent easements can be acquired by prescription(NCC, Art. 620). 3. By deed of Recognition 4. By Final judgment NO JUDICIAL EASEMENTS. Resultantly, when the court says that an easement exists, it is not creating one. For, even an injunction cannot be used to create one as there is no such thing as a judicial easement. The court merely declares the existence of an easement created by the parties (La Vista Association, Inc. v. CA, G.R. No. 95252)
- 13. Doctrine of Apparent Sign 13 Easements are inseparable from the estate to which they actively or passively pertain. The existence of apparent sign under Art. 624 is equivalent to a title. It is as if there is an implied contract between the two new owners that the easement should be constituted, since no one objected to the continued existence of the windows.
- 14. MODES OF EXTINGUISHMENT OF EASEMENTS 14 1. By Merger in the same person of the ownership of the dominant and servient estates; 2. By Non-user for 10 years; with respect to discontinuous easements, this period shall be computed from the day on which they ceased to be used; and, with respect to continuous easements from the day on which an act contrary to the same took place; 3. When either or both of the estates fall into such 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, sufficient time for prescription has elapsed, in accordance with the provisions of the preceding number; 4. By the Expiration of the term or the fulfillment of the condition, if the easement is temporary or conditional; 5. By the Renunciation of the owner of the dominant estate; and 6. By the Redemption agreed upon between the owners of the dominant and servient estates(NCC, Art. 631).
- 15. EASEMENT OF RIGHT OF WAY Easement of right of way is the right granted to a person or class of persons to pass over the land of another by using a particular pathway therein, to reach the former’s estates, which have no adequate outlet to a public highway subject, however to payment of indemnity to the owner of the land burdened by the right. 15
- 16. 16 If the passage is: a. Continuous and permanent – The indemnity consists of the value of the land occupied plusthe amount of damages caused to the servient estate; and b. Temporary – Indemnity consists in the payment of the damage caused.
- 17. Liability for repairs and taxes 17 03 01 02 1. As to repairs, the dominant owner is liable for necessary repairs; 2. As to proportionate share of the taxes, it shall be reimbursed by said owner to the proprietor of the servient estate. This applies only to permanent easements (NCC, Art. 654)
- 18. Special causes of extinguishment of right of way 1. The opening of a public roadgiving access to isolated estate; or 2. When the dominant estate is joined to another estate (such as when the dominant owner bought an adjacent estate) which is abutting a public rode, the access being adequate and convenient(NCC, Art. 655). 18
- 19. EASEMENTS OF PARTY WALL 19 The existence of an easement of party wall is presumed, unless there is a title, or exterior sign, or proof to the contrary: 1. In dividing walls of adjoining buildings up to the point of common elevation; 2. In dividing walls of gardens or yards situated in cities, towns, or in rural communities; or 3. In fences, walls and live hedges dividing rural lands (NCC, Art. 659).
- 20. The easementof LIGHT — Jus luminum (as in the case of small windows, not more than 30 cm. square, at the height of the ceiling joist, the purpose of which is to admit light, and a little air, but not VIEW) (Paras, 2008). 20 EASEMENT OF LIGHT AND VIEW The easement of VIEW — “Servidumbre prospectus” (as in the case of full or regular windows overlooking the adjoining estate) (Incidentally, although the principal purposehere is VIEW, the easement of light is necessarily included, as well as the easement ofaltius non tollendi [not to build higher for the purpose of obstruction (Paras, 2008)
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- 23. EASEMENT OF DRAINAGE OF BUILDINGS 23 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 or tenement (NCC, Art. 674)
- 24. EASEMENT AGAINST NUISANCE Easement against nuisance is a negative asement because the proprietor or possessor is prohibited to do something which he could lawfully do were it not for the existence of the easement. However, a nuisance involves any act or omission which is unlawful. NOTE: The easement against nuisance is not an easement at all but a restriction upon the ownership and not every limitation on the right of ownership is an easement. 24
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