LEGAL EASEMENTS

GENERAL PROVISIONS
Art. 634. Easements imposed by law have for their object either public use or the interest of private persons. (549)

LEGAL EASEMENTS DEFINED

> They are the easements imposed by the law, and which have for their object either public use or the interest of
private persons

DIFFERENT LEGAL EASEMENTS

1. Easements relating to waters
2. Right of way
3. Light and view
4. Party wall
5. Drainage of building
6. Intermediate distances
7. Easement against nuisance
8. Lateral and subjacent support

Art. 635. All matters concerning easements established for public or communal use shall be governed by the
special laws and regulations relating thereto, and, in the absence thereof, by the provisions of this Title. (550)

Art. 636. Easements established by law in the interest of private persons or for private use shall be governed by
the provisions of this Title, without prejudice to the provisions of general or local laws and ordinances for the
general welfare. These easements may be modified by agreement of the interested parties, whenever the law does
not prohibit it or no injury is suffered by a third person. (551a)

HOW LEGAL EASEMENTS FOR PRIVATE INTERESTS ARE GOVERNED

1. Agreement of the interested parties
2. In default the above, of general or local laws and ordinances for the general welfare
3. In default of the above, the Civil Code

EASEMENTS RELATING TO WATERS

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. (552)

ENUMERATION OF LEGAL EASEMENT RELATING TO WATERS

1. Natural drainage of lands
2. Natural drainage of buildings
3. Easement on riparian banks for navigation, floatage, fishing and salvage
4. Easement of a dam
5. Easement for drawing water or for watering animals
6. Easement of aqueduct
7. Easement for the construction of a stop luck or sluice
WHAT LOWER ESTATES ARE OBLIGED TO RECEIVE
1. Water which naturally and without the intervention of man descends from the higher estates
2. The stones and earth carried by the waters

DUTIES OF THE SERVIENT ESTATE

> The owner cannot construct works that would impede the easement

DUTIES OF THE DOMINANT ESTATE

1. He cannot make works which will increase the burden
2. But he may construct works preventing erosion
3. If the descending waters are the result of artificial development or proceed from industrial establishments recently set
up, or are the overflow from irrigation dams, the owner of the lower estate shall be entitled to compensation for his loss or
damage

CONTRACT MAY EXTINGUISH LEGAL EASEMENT THERE IS NO NEED FOR INDEMNITY

AS LONG AS THERE IS COMPLIANCE WITH CONDITIONS
Art. 638. The banks of rivers and streams, even in case they are of private ownership, are subject throughout their entire
length and within a zone of three meters along their margins, to the easement of public use in the general interest of
navigation, floatage, fishing and salvage.

Estates adjoining the banks of navigable or floatable rivers are, furthermore, subject to the easement of towpath for the
exclusive service of river navigation and floatage. If it be necessary for such purpose to occupy lands of private
ownership, the proper indemnity shall first be paid. (553a)

EASEMENT ALONG RIPARIAN BANKS RIVER BANK, DEFINED

> A bank is a lateral strip of shore washed by the water during high tides but which cannot be said to be flooded or
inundated

THE EASEMENTS ALLOWED

1. On banks of rivers; a public easement for
a. Navigation
b. Floatage
c. Fishing
d. Salvage

2. On banks of navigable or floatable riversalso the easement of tow path

PAYMENT OF INDEMNITY
1. If the land be of public ownershipno indemnity
2. If the land be of private ownershipindemnity

WIDTH OF ZONE BURDENED

1. Three meters along the river margins, for navigation, floatage, fishing or salvage
2. Tow path2 meters if for animals and 1 meter if for pedestrians

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. (554)

EASEMENT CONCERNING A DAM

Art. 640. Compulsory easements for drawing water or for watering animals can be imposed only for reasons of
public use in favor of a town or village, after payment of the proper indemnity. (555)

EASEMENTS FOR DRAWING WATER OR FOR WATERING ANIMALS

1. They can be imposed only for reasons of public use
2. They must be in favor of a town or village
3. Proper indemnity must be paid

Art. 641. Easements for drawing water and for watering animals carry with them the obligation of the owners of the
servient estates to passage to persons and animals to the place where such easements are to be used, and the indemnity
shall include this service. (556)

EASEMENTS COVERED
> Easements for drawing water and watering animals but there is also an accessory easement combined with easement of
right of way

REQUIREMENTS FOR SUCH AN EASEMENT TO EXIST

1. It must be for public use
2. It must be in favor of a town or village
3. The right must be sought not by one individual but by the town or village, through its legal representative
4. The right of way should have a maximum width of 10 meters, which cannot be altered by the owners of the servient
estates although the direction of the path may indeed be changed, provided that the use of the easement is not prejudiced

Art. 642. Any person who may wish to use upon his own estate any water of which he can dispose shall have the right to
make it flow through the intervening estates, with the obligation to indemnify their owners, as well as the owners of the
lower estates upon which the waters may filter or descend. (557)

EASEMENT OF AQUEDUCT
> The right to make water flow through intervening estates in order that one may make use of said waters

RIGHT TO ACQUIRE THE EASEMENT OF AQUEDUCT

4 REQUISITES FOR THE LEGAL EASEMENT OF AQUEDUCT
1. That he can dispose of the water
2. That it is sufficient for the use for which it is intended;
3. That the proposed right of way is the most convenient and the least onerous to third persons;
4. To indemnify the owner of the servient estate in the manner determined by the laws and regulations.

Art. 643. One desiring to make use of the right granted in the preceding article is obliged:
(1) To prove that he can dispose of the water and that it is sufficient for the use for which it is intended;
(2) To show that the proposed right of way is the most convenient and the least onerous to third persons;
(3) To indemnify the owner of the servient estate in the manner determined by the laws and regulations. (558)

Art. 644. The easement of aqueduct for private interest cannot be imposed on buildings, courtyards, annexes, or
outhouses, or on orchards or gardens already existing. (559)
Art. 645. The easement of aqueduct does not prevent the owner of the servient estate from closing or fencing it,
or from building over the aqueduct in such manner as not to cause the latter any damage, or render necessary
repairs and cleanings impossible. (560)

Art. 646. For legal purposes, the easement of aqueduct shall be considered as continuous and apparent, even
though the flow of the 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. (561)

Art. 647. One who for the purpose of irrigating or improving his estate, has to construct a stop lock or sluice gate
in the bed of the stream from which the water is to be taken, may demand that the owners of the banks permit its
construction, after payment of damages, including those caused by the new easement to such owners and to the
other irrigators. (562)

CONSTRUCTION OF A STOP LOCK OR SLUICE GATE

1. Purpose must be for irrigation or improvement
2. The construction must be on the estate of another
3. Damages must be paid
4. Third persons shouldnt be prejudiced

Art. 648. The establishment, extent, form and conditions of the servitudes of waters, to which this section refers, shall be
governed by the special laws relating thereto insofar as no provision therefor is made in this Code. (563a)

PROVISIONS THAT GOVERN EASEMENTS RELATING TO WATERS

> Civil code provisions on easement of waters prevail over special laws
> In case of conflict between special laws and the new CC, the latter prevails

EASEMENT OF RIGHT OF WAY

Art. 649. The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded
by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a
right of way through the neighboring estates, after 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 dominant
estate, establishing a permanent passage, the indemnity shall consist of the value of the land occupied and the amount of
the damage caused to the servient estate.

In case the right of way is limited to the necessary passage for the cultivation of the estate surrounded by others and for
the gathering of its crops through the servient estate without a permanent way, the indemnity shall consist in the payment
of the damage caused by such encumbrance. This easement is not compulsory if the isolation of the immovable is due to
the proprietor's own acts. (564a)

EASEMENT OF RIGHT OF WAY DEFINED

> Easement or privilege by which one person in a particular class of persons is allowed to pass over another land, usually
through one particular path or line

REQUISITES FOR THE EASEMENT

1. The property is surrounded by estate of others and there is no adequate outlet to a public highway
2. It must be established at the point least prejudicial to the servient estate and insofar as consistent with this rule, where
the distance from the dominant estate to a public highway may be the shortest
3. There must be payment of the proper indemnity
4. The isolation should not be due to the proprietors own acts
PROPER INDEMNITY
1. If the passage is permanent, pay the value of the land occupied by the path plus damages
2. If temporary, pay for the damages caused

CLASSIFICATION OF RIGHT OF WAY

1. Private
2. public

Art. 650. The easement of right of way shall be established at the point least prejudicial to the servient estate,
and, insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be
the shortest. (565)

N.B: Adequacy to dominant estate

Art. 651. The width of the easement of right of way shall be that which is sufficient for the needs of the dominant
estate, and may accordingly be changed from time to time. (566a)

WIDTH OF PATH
> The width may be modified from time to time depending on the reasonable needs of the dominant estate

Art. 652. Whenever a piece of land acquired by sale, exchange or partition, is surrounded by other estates of the vendor,
exchanger, or co-owner, he shall be obliged to grant a right of way without indemnity.

In case of a simple donation, the donor shall be indemnified by the donee for the establishment of the right of way. (567a)

RULE IF LAND OF VENDOR IS ISOLATED FROM THE HIGHWAY

> Indemnity included in the purchase pricethe buyer is the owner of the dominant estate

Art. 653. In the case of the preceding article, if it is the land of the grantor that becomes isolated, he may demand a right of
way after paying a indemnity. However, the donor shall not be liable for indemnity. (n)

RULES IF GRANTOR OR GRANTEES LAND IS ENCLOSED

1. If the enclosing estate is that of the grantor, the grantee doesnt pay indemnity for the easement
2. If the enclosed estate is that of the grantor, the grantor must pay indemnity

Art. 654. If the right of way is permanent, the necessary repairs shall be made by the owner of the dominant
estate. A proportionate share of the taxes shall be reimbursed by said owner to the proprietor of the servient
estate. (n)

OWNERSHIP OF, REPAIRS AND TAXES ON, THE PATH

1. Even though permanent, the path belongs to the servient estate, and he pays all the taxes
2. But the dominant estate
a. Should pay for repairs
b. Should pay proportionate share of taxes to the servient estate

Art. 655. If the right of way granted to a surrounded estate ceases to be necessary because its owner has joined it to
another abutting on a public road, the owner of the servient estate MAY DEMAND that the easement be extinguished,
returning what he may have received by way of indemnity. The interest on the indemnity shall be deemed to be in payment
of rent for the use of the easement. The same rule shall be applied in case a new road is opened giving access to the
isolated estate. In both cases, the public highway must substantially meet the needs of the dominant estate in order that
the easement may be extinguished. (568a)
CAUSES FOR EXTINGUISHMENT OF THE EASEMENT OF RIGHT OF WAY
1. Opening of a new road
2. Joining the dominant estate to another

EXTINGUISHMENT NOT AUTOMATIC

> The extinguishment is not automatic
> The law says that the servient estate may demand
> It follows that if he chooses not to demand, the easement remains and he has no duty to refund the indemnity

NON-APPLICABILITY OF THE ARTICLE TO A VOLUNTARY EASEMENT NO RETURN OF

INDEMNITY IN CASE OF TEMPORARY EASEMENT
Art. 656. If it be indispensable for the construction, repair, improvement, alteration or beautification of a building,
to carry materials through the estate of another, or to raise therein scaffolding or other objects necessary for the
work, the owner of such estate shall be obliged to permit the act, after receiving payment of the proper indemnity
for the damage caused him. (569a)

TEMPORARY EASEMENT OF RIGHT OF WAY

1. The easement here is necessarily only temporary, nonetheless proper indemnity must be given
2. Indispensable is not to be construed literally

3. The owner can make use of Article 656

Art. 657. Easements of the right of way for the passage of livestock known as animal path, animal trail or any
other, and those for watering places, resting places and animal folds, shall be governed by the ordinances and
regulations relating thereto, and, in the absence thereof, by the usages and customs of the place. Without
prejudice to rights legally acquired, the animal path shall not exceed in any case the width of 75 meters, and the
animal trail that of 37 meters and 50 centimeters. Whenever it is necessary to establish a compulsory easement of
the right of way or for a watering place for animals, the provisions of this Section and those of Articles 640 and
641 shall be observed. In this case the width shall not exceed 10 meters. (570a)

EASEMENT OF RIGHT OF WAY FOR THE PASSAGE OF LIVESTOCK: WIDTH

1. Animal path75 meters
2. Animal trail37 meters and 50 centimeters
3. Cattle10 meters

Functions of UHO

1. Provide housing facilities to its constituents as a privilege and not as a right within the limits of its resources;

2. Provide housing units on the basis of need and resources of its constituents;

3. Encourage its units/programs to develop and provide housing for their respective constituents;

4. Develop, regulate and administer University-owned housing units;

5. Encourage and assist the University staff to develop and acquire their own houses and lots;

6. Award the occupancy of housing units through open competition to qualified personnel based on the
established criteria and prescribed point system;
 7. Regulate and administer the housing units occupied by private entities on lands under the jurisdiction of the
University; and

8. Regulate the housing units of allied agencies on lands under the jurisdiction of the University

A hip roof has slopes on all four sides. The sides are all equal length and come together at the top
to form a ridge.

Pros: Hip roofs are more stable than gable roofs. The inward slope of all four sides is what makes
it more sturdy and durable.

They are excellent for both high wind and snowy areas. The slant of the roof allows snow to easily
slide off with no standing water.

Hip roofs offer extra living space for vaulted ceilings or an attic. They also provide more ventilation
and ability to make additions, such as dormers or a crows nest.

Note: For high wind areas, or strong storms, a pitch of 4/12-6/12 (33-50 angle) is recommended.

Cons: Hip roofs are more expensive to build than a gable roof. Its a more complex design that
requires more building materials. Also, additional seams can make it easier for water leaks to form
if a roofing system is not properly installed.

Note: Proper construction and maintenance is a must to prevent minor issues from turning into
major problems.

Suggested materials: Hip roofs, like gable roofs, can be with almost any type of roofing material,
such as shingles, metal, or tiles.

Skillion is also referred to as a shed roof or lean-to. It is a single, sloping roof, usually attached to
a taller wall. - It can be thought of as half of a pitched roof, or as a more angled flat roof.

Skillion roofs are mostly used for home additions, sheds and porches. However, they are also now
being used on the entire structure of more modern style homes.

Pros: Skillions are easy to assemble and use much fewer building materials than other roof types.
Their steep pitch allow snow and water to easily run off, which makes them excellent for high rain
and snow regions. They can also be used purely for design purposes to add architectural interest
and aesthetic appeal.

Cons: If a roof pitch is too high it can result in ceilings being too low. Also, homes using only a
skillion roof can have problems in high wind areas.

Suggested Materials: Because of the steep incline, rubber skins and roofing membranes can be
eliminated. To give a more streamlined look, you can use standing seam rather than tiles or
shingles. For a more Eco-friendly and energy independent home, large PV solar panels can also
be installed
A salt box roof is asymmetrical in design, with one side being more of slightly sloping flat roof and
the other more of a lean to, with gables at each end.

Saltbox houses are variations of early Colonial and Cape Cod designs. They arose from the need
for more room. Early Americans realized they could add more space with less material by adding a
lean to roof to an existing gable roof. Soon homes were built with the lean to roof already added.

Pros: The slope makes it easy for water to run off, making the saltbox roof good for areas that
receive heavy rain. The asymmetrical design makes it more durable than a simple gable roof.
It adds more living space by making a home one and a half to two stories.

Cons: The design can be tricky, which makes the building costs higher.
Although more living space is provided, it isnt as much as a regular pitched roof. Also, some of the
rooms may have slanted ceilings.

Suggested Materials: Saltbox roofs can be made from most building materials.

A pyramid roof is a type of hip roof. All four sides come to a point at the top of the roof. There are
no vertical sides or gables.

Pyramid roofs are mostly used for smaller buildings, such as bungalows and cabins. They are also
used for auxiliary structures, such as pool houses, garages and storage buildings.

Pros: A pyramid roof is extremely resistant to strong winds. This makes it an excellent architectural
choice for hurricane-prone and high-wind areas.

The slope provides extra space for ventilation, attics or high ceilings. Plus, energy costs will be
reduced by the overhanging eaves.

Cons: The cost of pyramid roofs is higher due to the complexity of the design.

One of the most basic and attractive fencing types is aluminum. While it does not provide the
amount of security many homeowners look for in a fence, its relatively maintenance free and
can essentially look like any other type discussed in this article. The only maintenance will
come during installation when you choose to paint and decorate it. However, along with the
security, its not as strong as you may think and we do not recommend it for areas with severe
weather.

When you see homes with funky designs on top of their fences, oftentimes, those homeowners
chose a wrought iron fence. While wrought iron fences are both strong and beautiful, they do
require constant upkeep. If you want to maintain its beauty, wrought iron fences need to be
sanded or repainted every two to three years.
Furthermore, going back to the security portion of the conversation, wrought iron fences are not
popular choices for the more conservative homeowner. On top of that, wrought iron fences are
custom made and therefore, will not be cheap.