 are those the use of which is or may be incessant,


EASEMENTS
Chapter I – Easements in General
Chapter II – Legal Easements
Chapter III – Voluntary Easements
Chapter I – Easements in General
 Section 1 – Different Kinds of Easements
 Section 2 – Modes of Acquiring Easements
 Section 3 - Rights and Obligations of the Owners of the
Dominant and Servient Estates
 Section 4 - Modes of Extinguishment of Easements
Chapter II – Legal Easements
 Section 1 - General Provisions
 Section 2 - Easements Relating to Waters
 Section 3 - Easement of Right of Way
 Section 4 - Easement of Party Wall
 Section 5 - Easement of Light and View
 Section 6 - Drainage of Buildings
 Section 7 - Intermediate Distances and Works for Certain
Constructions and Plantings
 Section 8 - Easement Against Nuisance
Chapter III – Voluntary Easements
without the intervention of any act of man.
Discontinuous easements
 are those which are used at intervals
 and depend upon the acts of man.
Apparent easements
 are those which are made known and are continually kept
in view by external signs that reveal the use and enjoyment
of the same.
Nonapparent easements
 are those which show no external indication of their
existence.
Article 616. Easements are also positive or negative.
A positive easement
 is one which imposes upon the owner of the servient estate
the obligation of allowing something to be done or of
doing it himself, and
A negative easement,
 that which prohibits the owner of the servient estate from
doing something which he could lawfully do if the easement
did not exist.
2 kinds of Easements (619)
Legal Easements – those established by law
Voluntary Easements - those established by the will of the owners

Easements in General Rules as to Easements:

1. Easements are inseparable from the estate to which they
actively or passively belong (617)
Different Kinds of Easements a. Easements cannot be sold or donated or mortgaged
independently of the real property to which they
6 Kinds of Easements may be attached
1. Real (613) or Personal (614) b. Registration of the Dominant Estate without
2. Continuous or Discontinuous (615) registration of the voluntary easements in its favor
3. Apparent or Non-Apparent (615) does NOT extinguish the Easements
4. Positive Negative (616) c. Registration of the Servient Estate without
5. Legal, Voluntary (619) or mixed registration of the voluntary easements in its favor
6. Partial use or Getting of Specific Material extinguishes the easements (Santos v Reyes)
Exceptions:
What is a REAL Easement? (A613.) i. Actual knowledge of third persons is
 An easement or servitude is an encumbrance equivalent to registration if third persons
 imposed upon an immovable have actual knowledge of the existence
 for the benefit of another immovable belonging to a different of the easement they are bound by the
owner. same even though no registration has
been made
1. dominant estate - The immovable in favor of which the ii. There is an understanding or stipulation
easement is established that the easement continues to exist.
2. servient estate - that which is subject to an easement 2. Easements are indivisible. (618)
3. Rules when an estate is divided to two or more persons:
What is a PERSONAL Easement? Article 614. (618)
Servitudes established for a. If the SERVIENT estate is divided between two
 the benefit of a community, or more persons, the easement is not modified,
 or of one or more persons to whom the encumbered estate and each of them must bear it on the part which
does not belong. corresponds to him.
b. If it is the DOMINANT estate that is divided
See: Characteristics of an Easement (Paras 652) between two or more persons,
i. each of them may use the easement in
Article 615. its entirety,
Easements may be: (4) ii. without changing the place of its use,
1. continuous or discontinuous, iii. or making it more burdensome in any
2. apparent or nonapparent. other way.
Continuous easements
 Modes of Acquiring Easements POSITIVE –
o If made on one’s wall that extends over the neighbor’s land
o OR if made on a PARTY WALL the easement is created
Articles 620, 622; Modes of Acquiring Easement
Easement Mode of Acquisition
because of an act of sufferance or allowance
Continuous and Apparent Title OR
Easements Prescription of 10 Years
Continuous Non-apparent Deed of Recognition (623)
Easements absence of a document or proof showing the origin of an easement
& which cannot be acquired by prescription:
Only by Title
Discontinuous (Apparent /  Continuous Non-Apparent
Non-Apparent)  Discontinuous (Apparent/Non-Apparent)
Easements may be cured by: (2) (Proof of the Existence of Easement)
1. a deed of recognition by the Owner of the SERVIENT
Note: estate
o Title here means a juridical act or law sufficient to create an 2. or by a Final judgment (Court does not create but merely
encumberance; law, donation, testamentary succession, creates existence of easement)
contract.
o Prescription merely requires 10 years irrespective of good Rule when either Dominant/Servient Estate is alienated (624)
faith or bad faith (or the absence or presence of just title) RULE: The existence of an apparent sign of easement between
o A negative easement can be made apparent through a two estates, established or maintained by the owner of both, shall
Notarial Prohibition be considered as a title in order that the easement may continue
o Easement of Aqueduct is considered Continuous and actively and passively,
Apparent, though not really continuous or visible and may
be acquired for prescription UNLESS, at the time the ownership of the two estates is divided:
o Because the best interest of agriculture demands  the contrary should be provided in the title of
that this easement be available through acquisitive conveyance of either of them,
prescription.  or the Apparent Sign of Easement should be removed
before the execution of the deed
Computing the Time of Possession in acquiring Continuous and Note:
o The above principle shall also apply in case of the
Apparent Easements via PRESCRIPTION
division of a thing owned in common by two or more
When does the Time of Possession Commence? (621)
persons.
from the day on which the In sum of Art 624;
owner of the dominant estate,
Before alienation there is NO true easement
or the person who may have
Positive Easement After alienation;
made use of the easement,
commenced to exercise it o there IS an easement IF: the apparent sign of easement
upon the servient estate continues to remain actively and passively (the continuance
from the day on which the of the sign is a TITLE)
owner of the dominant estate o there is NO easement IF;
forbade, by an instrument o sign is removed
acknowledged before a notary o there is an agreement to this effect in the title of
public, the owner of the conveyance
servient estate, from executing (See example p. 676 Paras)
Negative Easement
an act which would be lawful
without the easement. Note:
o In Easement of light and view the apparent sign of easement
(from the time NOTARIAL
can be doors and windows overlooking the lot (page 677
PROHIBITION was made on
Paras)
the servient estate)

Note: As to Other rights necessary for the Use of the Easement:

o Law requires a Notarial prohibition because easements are o Upon the establishment of an easement, all the rights
in the nature of encumbrances on the servient estate and they necessary for its use are considered granted. (625)
constitute a limitation on the dominical right of the owner of (1) Necessary rights include repair, maintenance,
the property; right of way if the easement is for drawing water.
o Oral prohibition or prohibition through a private writing is
NOT sufficient.
o The Dominant Estate shall make the notarial prohibition (or
anyone who desires to establish the easement)

When is an easement of Light and View a Positive or Negative

Easement?
NEGATIVE - If made on one’s wall and the wall does not extend
over the neighbor’s land

PROPERTY FINAL EXAMINATION | PALMA GIL | 2 out of 9


Rights and Obligations of the Owners of
the Dominant and Servient Estates
Rights of the owner of the dominant estate
May exercise the easement and all necessary rights for its use
including accessory easement (625)
May make, any works necessary for the use and preservation of
the servitude;
PROVIDED;
1. He does not alter or render the servitude more
burdensome
2. he shall notify the owner of the servient estate,
3. shall choose the most convenient time and manner so
as to cause the least inconvenience to the owner of the
servient estate.
4. It be at his own expense
5. Should there be several dominant estates; (628)
a. the owners of all of them shall be obliged to
contribute to the expenses in proportion to the
benefits which each may derive from the work.
b. Any one who does not wish to contribute may
exempt himself by renouncing the easement for
the benefit of the others.
If the owner of the servient estate should make use of the easement
in any manner whatsoever, he shall also be obliged to contribute to
the expenses in the proportion stated, saving an agreement to the
contrary.
Ask for a MANDATORY INJUNCTION to prevent impairment
or obstruction on the exercise of the easement when the servient
estate obstructs his use of he easement
To RENOUNCE totally the easement if he desires exemption from
contribution to expenses (628)
What the Dominant Estate CANNOT do:
1. Cannot Alter
2. Cannot render easement more burdensome
a. Cannot use the easement except for the benefit of
the immovable originally contemplated (p 679
paras) (Art. 626)
b. Neither can he exercise the easement in any other
manner than that previously established. (Art.
626)
Rights and Obligations of the owner of the Servient Estate (629, 930)
The owner of the servient estate cannot impair, in any manner
whatsoever, the use of the servitude;
HOWEVER;
 He may change the easement
 if by reason of the place originally assigned, or of the
manner established for the use of the easement,
o the same should become very inconvenient to the
owner of the servient estate,
o or should prevent him from making any
important works, repairs or improvements
 Change is at his expense
 He must offer another place or manner
o equally convenient
o and in such a way that no injury is caused thereby
to the owner of the dominant estate or to those who
may have a right to the use of the easement.
The owner of the servient estate:
1. retains the ownership of the portion on which the
easement is established, and
2. may use the same in such a manner as not to affect the
exercise of the easement. (630)
a. provided the easement is NOT adversely affected
b. and he contributes to the expenses in proportion
to the benefits received (unless there is
stipulation to contrary)
Modes of Extinguishment of Easement
6 ways to Extinguish an Easement
Easements are extinguished by….
1. By Merger in the same person of the ownership of the
dominant and servient estates;
a. Must be absolute, complete, and NOT temporary
2. By Nonuser for ten years;
a. with respect to discontinuous easements, this
period shall be computed from the day on which
they ceased to be used; and,
b. with respect to continuous easements, from the
day on which an act contrary to the same took
place; ex time aqueduct is blocked
3. When either or both of the estates fall into such condition
that the easement cannot be Used; (Bad Condition of
Tenement / Impossibility of Use)
but it shall revive IF
a. the subsequent condition of the estates or either of
them should again permit its use, unless when the
use becomes possible,
b. sufficient time for prescription has elapsed, in
accordance with the provisions of the preceding
number; (10 years)
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;
a. Express and clearly specific; the mere fact that it
was not used cannot be a waiver
6. By the Redemption agreed upon between the owners of the
dominant and servient estates.
Other Causes of Extinguishment
7. Expropriation by servient estate
8. Permanent Impossibility to make use of the easement
9. Annulment, Rescission, or Cancellation of the title that
constituted the easement
10. Abandonment of the servient estate.
11. Resolution of the right of the grantor to create the
easement as when there is conventional redemption
12. Registration of Servient estate free from the easement
thereon
13. In case of legal easement of right of way the opening of an
outlet to the highway extinguishes the easement upon
demand by the servient owner
Notes:
 When the dominant owner sells his estate to the servient
owner through a sale a retro there is no complete merger for
the easement revives when the property is redeemed
 BUT when the owner sells absolutely the property and then
re-purchases it (not through redemption but through a new
sale) there is no easement that is revived or created by virtue
of the new sale (page 685 paras)
PROPERTY FINAL EXAMINATION | PALMA GIL | 3 out of 9
Other Rules
1. The form or manner of using the easement may prescribe
as the easement itself, and in the same way. (632)
a. Like number of windows; location of pathway
2. If the dominant estate belongs to several persons in
common, the use of the easement by any one of them
prevents prescription with respect to the others. (633)
2. stones or earth which they carry with them.
What CANNOT be done? 637
1. owner of the lower estate cannot construct works which will
impede this easement
a. blocking, diverting, or cause an obstruction
2. owner of the higher estate make works which will increase
the burden

What is allowed?
Owner of the lower estate may:
Legal Easements 1. May regulate or control the descent of the water
2. May construct works preventing erosion
3. May collect compensation if the descending waters are the
General Provisions result of artificial development
What is the Object of a legal easement? 634 Note:
What governs it?635 636  This easement prescribes for non-user within 10 years
Easement for
1. Public use OR Easements on riparian banks (Art. 638).
a. Special laws and Regulations Public Easement on banks of rivers for: (NFFS)
b. Civil Code 1. Navigation
2. Interest of Private Persons 2. Floatage
a. Agreement of interested parties provided not 3. Fishing
prohibited by law nor prejudicial to a third person 4. Salvage
b. general or local laws and ordinances for the Easement on banks of Navigable or flotable rivers
general welfare  Easement of Towpath for the exclusive service of navigation
c. Civil Code or floatage

Note: easements may be modified by agreement of the interested Note:

parties, whenever:  There will be payment of indemnity if the land is of private
 the law does not prohibit it OR ownership
 no injury is suffered by a third person.  Width of Zone burdened is:
o 3 meters along river margins for NFFS
8 kinds of Legal Easements o Tow path
1. Easement relating to waters  2 meters for animals
2. Right of Way  1 meter for pedestrian
3. Party Wall
4. Light and View Requisites for the Easement of abutment of a Dam 639
5. Drainage 1. Purpose
6. Intermediate Distances a. for the diversion or taking of water from a river or
7. Easement against nuisance brook
8. Internal and Subjacent Support b. for the use of any other continuous or
discontinuous stream
Easement relating to waters 2. The person who is to construct it is not the owner of the
banks, or lands which must support it
7 Legal Easements relating to waters 3. There is payment of proper indemnity
1. natural Drainage of Lands. (Art. 637).
2. natural Drainage of Buildings. (Art. 674). Requisites for the Easement of Drawing water or for watering
3. easement on Riparian banks for (NFFS) animals 640 641 PTLI(10)
a. Navigation, 1. It must be for public use.
b. Foatage, 2. It must be in favor of a town or village
c. Fishing, 3. must be sought not by one individual, but by the town or
d. Salvage. (Art. 638). village, thru its legal representation.
4. easement of a Dam. (Arts. 639, 647). 4. There must be payment of the proper indemnity.
5. easement for Drawing water or for Watering animals. (Arts. 5. The right of way should have a maximum width of 10
640-641). meters,
6. easement of Aqueduct. (Arts. 643-646). a. which cannot be altered by the owners of the
7. easement for the construction of a Stop lock or Sluice gate. servient estates although the direction of the path
(Art. 647). may indeed be changed, provided that the use of
the easement is not prejudiced.
Easement for natural drainage of lands 637 What is an Easement of Aqueduct? (642)
What lower estates are obliged to receive? The right to make water flow through intervening estates in order that
1. Waters which naturally and without the intervention of man one may make use of said waters.
descend from the higher estates
PROPERTY FINAL EXAMINATION | PALMA GIL | 4 out of 9

3 Requisites to acquire an easement of aqueduct 642 643
1. Indemnity must be paid
a. to owners of intervening estates AND
b. to the owners of lower estates upon which the
waters may filter or descend
c. depends on duration and inconvenience caused
2. 644 Easement of Aqueduct for private interest cannot be
imposed on EXISTING
a. buildings, courtyards,
b. annexes, out-houses,
c. orchards, or garden
d. but can be on other things, like road, provided no
injury is caused to said properties
3. There must be proof of the following (4)
a. that he can DISPOSE of the water
b. that the water is SUFFICIENT for the use for
which it is intended.
c. that the proposed course is the MOST
CONVENIENT and the LEAST ONEROUS to
third persons and the servient
d. that proper ADMINISTRATIVE PERMISSION
be obtained from proper authorities
Right of the Servient Estate of the Easement of Aqueduct 645
1. Enclose or fence the servient estate
2. Build over the Aqueduct
PROVIDED
 No damage is caused;
 Such act does not render necessary repairs and cleanings
impossible.
Requisites for construction of Stop Lock or Sluice Gate in the bed of
the stream from which water is taken 647
1. purpose must be for irrigation or improvement of estate;
2. the construction must be on the estate of another;
3. damages must be paid;
a. to owners
b. other irrigators
4. third persons should not be prejudiced
Laws which govern Easement of Waters 648
1. Civil Code
2. Special laws
a. Spanish Law of Waters
b. Irrigation law as amended
Easement of Right of Way
What is an Easement of Right of Way?
easement or privilege by which one person or a particular class of
persons is allowed to pass over another’s land, usually thru one
particular path or line
6 Requisites for an easement of a right of way (Art 649)
1. The property is surrounded by estates of others
2. There is no adequate outlet to a public highway.
a. If outlet is thru the water, like a river or sea, under
Spanish law, the easement cannot be demanded for
there exists an adequate outlet but this depends on
danger, convenience, and cost
3. There must be payment of the proper indemnity
a. later on, the amount may be refunded when the
easement ends). (Art. 655
4. It must be established at the point least prejudicial to the
servient estate where the distance to the dominant estate to
a public highway may be the shortest.
a. Not always the shortest distance
5. The isolation must not be due to the proprietor’s own acts
6. Demandable only by the owner or one with a real right like
a usufructuary.
a. The lessee should ask the lessor to demand the
easement from the adjoining estates
Note:
 Mere inconvenience for the dominant estate is not enough to
serve as basis for an easement of right of way
 Burden to prove the requisites is upon the owner of the
Dominant Estate
 As to easements in favor of the Government
o the same should have been pre-existing at the
time of the registration of the land in order that the
registered owner may be compelled to respect it.
Where the easement is not pre-existing and is
sought to be imposed only after the land has been
registered under the Land Registration Act,
proper expropriation proceedings, should be
had, and just compensation paid to the registered
owner thereof
How much is the proper indemnity 649
If the passage is PERMANENT
 pay the value of land occupied by the path
 plus damages
If the passage is TEMPORARY
Such as when it is not cultivated for the whole year round and only for
harvesting etc.
 pay for the damages caused
Where should easement of right of way be established? 650
 at the point least prejudicial to the servient estate AND
 where the distance from the dominant estate to a public
highway may be the shortest
Width of Easement of right of way 651
 that which is sufficient for the needs of the dominant estate,
 and may accordingly be changed from time to time.
 The use of automobiles is a vital necessity hence the pathway
should be sufficient for this (Larracos v Del Rosario)
PROPERTY FINAL EXAMINATION | PALMA GIL | 5 out of 9
Rules on piece of land acquires by SALE, EXCHANGE, or
PARTITION Rules on Easements of the right of way for the passage of livestock
Situation: 652 known as animal path, animal trail or any other, and those for
1. Whenever a piece of land acquired by sale, exchange or watering places, resting places and animal folds 657
partition, Width: without prejudice to rights legally acquired:
2. is surrounded by other estates of the vendor, 1. Animal path — 75 meters
exchanger, or co-owner 2. Animal trail — 37 meters and 50 centimeters
Obligation of VENDOR, EXCHANGER, CO-OWNER: Governing Law:
 he shall be obliged to grant a right of way without 1. ordinances and regulations relating thereto
indemnity
2. usages and customs of the place.
Note: In donation, DONOR shall be indemnified by DONEE for
establishment of right of way
Situation: 653 Easement of Party Wall
 the estate of the vendor, exchanger or co-owner is
ENCLOSED What is an Easement of Party Wall?
Obligation:
This is a wall at the dividing line of estates. Co-ownership governs
 he may demand a right of way
the wall, hence the party wall is necessarily a common wall.
 grantor must pay indemnity
Note: In donation, DONOR shall NOT be liable for indemnity
Note:
Governing law 658
 Where the easement granted, without payment of indemnity,
1. Civil Code
becomes useless the grantee may demand another easement
2. local ordinances and customs insofar as they do not conflict
but must PAY indemnity. Page 711 paras
with the same
3. rules of co-ownership
Payment of Taxes and Repairs 654
If the right of way is permanent,
Presumption of Party Wall
1. Servient estate shall pay for ALL the taxes
General Rule: Existence of an easement of party wall is presumed.
2. BUT the Dominant estate:
Exceptions: There is a
a. Should pay for REPAIRS
1. Title to the Contrary
b. Should reimburse a PROPORTIONATE
2. Exterior Signs to the Contrary (7 exterior signs under 660)
SHARE OF TAXES to the servient estate
3. Proof to the Contrary
Which is found in:
If the right of way granted ceases to be necessary 655
(1) In dividing walls of adjoining buildings up to the point of common
Situation:
elevation;
If the right of way granted to a surrounded estate ceases to be
(2) In dividing walls of gardens or yards situated in cities, towns, or in
necessary because:
rural communities;
1. its owner has joined it to another abutting on a public
(3) In fences, walls and live hedges dividing rural lands.
road, OR
2. a new road is opened giving access to the isolated
Exterior Signs rebutting the existence of a party wall (7)
estate
(1) Whenever in the dividing wall of buildings there is a window
Note: In both cases, the public highway must substantially meet
or opening;
the needs of the dominant estate
(2) Whenever the dividing wall is, on one side, straight and
The owner of the SERVIENT ESTATE MAY:
plumb on all its facement, and on the other, it has similar
1. demand that the easement be extinguished
conditions on the upper part, but the lower part slants or
2. returning what he may have received by way of indemnity
projects outward;
3. The interest on the indemnity shall be deemed to be in
(3) Whenever the entire wall is built within the boundaries of
payment of rent for the use of the easement.
one of the estates;
(4) Whenever the dividing wall bears the burden of the
Note:
binding beams, floors and roof frame of one of the
 Extinguishment is not automatic and only upon demand by
buildings, but not those of the others;
servient estate
(5) Whenever the dividing wall between courtyards, gardens,
 No return of indemnity in case of temporary easement
and tenements is constructed in such a way that the coping
sheds the water upon only one of the estates;
Temporary Easement 656 (6) Whenever the dividing wall, being built of masonry, has
Situation: stepping stones, which at certain intervals project from the
 If it be indispensable for the Construction, Repair, surface on one side only, but not on the other;
Improvement, Alteration or Beautification of a building, (7) Whenever lands inclosed by fences or live hedges adjoin
o to carry materials through the estate of another others which are not inclosed.
o or to raise therein scaffolding or other objects Note:
necessary for the work  ownership of the walls, fences or hedges shall be deemed to
the owner of such estate (servient) shall: belong exclusively to the owner of the property or tenement
 be obliged to permit the act, which has in its favor the presumption based on any one of
 after receiving payment of the proper indemnity for the these signs.
damage caused him.
PROPERTY FINAL EXAMINATION | PALMA GIL | 6 out of 9
  If there are more signs conflicting each other they generally
cancel each other
Party Ditches or Drains 661
General Rule:
Ditches or drains opened between two estates are also
presumed as common to both
Exception:
Whenever the earth or dirt removed to open the ditch or to
clean it is only on one side thereof, in which case the
ownership of the ditch shall belong exclusively to the owner
of the land having this exterior sign in its favor.
662 Who shall bear the cost of:
1. repairs and construction of party walls and
2. the maintenance of fences, live hedges, ditches, and drains
owned in common
shall be borne by all the owners of the lands or tenements having
the party wall in their favor, in proportion to the right of each
662 Renunciation of Repair and Constructions
GR:
 Any owner may exempt himself from contributing to this
charge by renouncing his part-ownership
Except:
 except when the party wall supports a building belonging
to him
5 Requisites for renunciation of share
1. must be total or complete (not partial)
2. must be made voluntarily and with full knowledge of the
facts
3. must be made before the expenses are incurred
4. made with the implied condition that the other owner should
make or pay for the repairs.
5. must be of both the share in the wall and the share in the land
Demolishing a building 663
1. If the owner of a building supported by a party wall desires
to demolish the building
2. may also renounce his part-ownership of the wall
3. provided the cost of all repairs and work necessary to prevent
any damage which the demolition may cause to the party
wall on this occasion shall be borne by him
6 Obligations in increasing the height of the party wall 664
He will have EXCLUSIVE ownership over the additions but he must
comply with the following obligations:
1. must do so at his own expense.
2. must pay the necessary damages caused,
a. even if the damage be temporary.
3. must bear the costs of maintenance of the portion ADDED.
4. must pay for the increased cost of preservation
5. must reconstruct if original wall cannot bear the increased
height
6. must give the additional space (land) necessary, if wall is to
be thickened
7. The other co-owners who have not contributed may acquire
the right of part-ownership provided
a. They PAY the proportional value of the work at
the time of acquisition of land used for the wall’s
increased thickness
Use by Co-owners of the wall 666
Every part-owner of a party wall may:
 use it in proportion to the right he may have in the co-
ownership,
 without interfering with the common and respective uses by
the other co-owner
Easement of Light and View
What a part-owner cannot do 667
open through the party wall any window or aperture of any kind;
without the consent of the others; otherwise the adverse party may
order that the window or aperture be closed within a sufficient time
before prescription (10 years) has elapsed
Period of Prescription for acquisition of easement of light and view
668
1. POSITIVE EASEMENT – if the window is through a
PARTY WALL period of prescription commences
a. from the time of the OPENING OF THE
WINDOW, if it is through a party wall;
2. NEGATIVE EASEMENT – if the window is through
ONE’S OWN WALL that is through wall of the dominant
estate; the time for the period of prescription should begin
a. From the time of the NOTARIAL
PROHIBITION upon the proprietor of the
adjoining land or tenement, if the window is
through a wall on the dominant estate.
Rule as to RESTRICTED WINDOWS for light 669
Applies: When the distances in article 670 are not observed
1. Maximum size — 30 centimeter square
2. There must be an iron grating imbedded in the wall
3. There must be a wire screen
4. The opening must be at the height of the ceiling joists
(beams) or immediately under the ceiling (techo).
Rights of the adjoining or abutting owner 669
1. He can obstruct the light
a. by constructing a higher building on his own land
b. raising a blocking wall
c. note; he cannot make the obstruction if the
easement of light has been acquired — 10 years
after notarial prohibition
2. If the wall becomes a PARTY WALL, he can close the
window, unless there is a stipulation to the contrary.
Minimum Distance of 2 meters 670
windows, apertures, balconies, or other similar projections
1. for windows having direct (face to face) views,
a. observe at least 2 meters distance between the
wall having the windows and the boundary line.
2. for windows having side or oblique views
a. observe a distance of at least 60 cms. between the
boundary line and nearest edge of the window.
Note:
 The non-observance of these distances does not give rise to
prescription
 The above rule applies to terraces with railings; absent any
railings it does not apply.
PROPERTY FINAL EXAMINATION | PALMA GIL | 7 out of 9
  670 DOES NOT APPLY TO: buildings separated by a there can be no waiver of this rule and one who violates is liable for
public way or alley, which is not less than three meters DAMAGES.
wide (672)
o subject to special regulations and local ordinances Rules as to Planting Trees 679
 When the right has been acquired to have direct views, 1. tall trees — 2 meters from boundary line to center of the
balconies or belvederes overlooking an adjoining property, tree.
o Owner of servient estate STILL CANNOT build 2. small trees or shrubs — 50 cm. from boundary line to center
at less than 3 meters of tree or shrub
o any stipulation permitting distances less than those
prescribed in article 670 is VOID.
Rule when branches of the tree extends 680
1. Branches — adjacent owner has the right to DEMAND that
Drainage of Buildings they be cut off
a. Prescription runs upon date of demand
Rules as to Easement of Drainage of Buildings 674 2. Roots — he may CUT them off himself
1. A person should let rain water FALL on his own land, or on a. This is imprescriptible unless there is notarial
a street or public place not on the land of his neighbor even prohibition
if he be a co-owner of the latter Rule as to Fruits 681
2. Rain water must be COLLECTED in such a way as not to 1. If the fruits still hang on to the tree, they are still owned
cause damage to the adjacent land or tenement by the tree owner
2. It is only after they have NATURALLY fallen (not taken
What is the right of the owner of a tenement or a piece of land, down by poles or shaken) that they belong to the owner of
subject to the easement of receiving water falling from roofs 675 the invaded land
1. may build in such manner as to receive the water upon his
own roof
2. OR give it another outlet in accordance with local ordinances Easement Against Nuisance
or customs,
a. and in such a way as not to cause any nuisance or Easement against nuisance 682
damage whatever to the dominant estate. Every building or piece of land is subject to the easement which
prohibits the proprietor or possessor from committing nuisance
Rule on Compulsory Easement of Drainage through:
Situation: 1. noise,
1. Whenever the yard or court of a house is surrounded by other 2. jarring,
houses 3. offensive odor,
2. it is not possible to give an outlet through the house itself to 4. smoke,
the rain water collected thereon 5. heat,
Effect: 6. dust,
1. the establishment of an easement of drainage can be 7. water,
demanded, 8. glare and
2. Conditions: (4) 9. other causes
a. because of enclosure, there is no adequate outlet
for the rain water Nuisance Remedies Review
b. the outlet must be at the point of easiest egress
(going out).
c. least possible damage.
d. payment of proper indemnity.

Intermediate Distances And Works For

Certain Constructions And Plantings
Where Constructions are PROHIBITED: 677
No constructions can be built or plantings made near fortified places
or fortresses without compliance with the conditions required by law Art. 683. Subject to zoning, health, police and other laws and
regulations, factories and shops may be maintained provided the
Rule as to construction of Aqueduct, Wells, Sewers, Etc 678 least possible annoyance is caused to the neighborhood
No person shall build Aqueducts, wells, sewers etc which by reason
of its nature or products is dangerous or noxious WITHOUT: Lateral and Subjacent Support
1. observing the distances prescribed by the regulations and
customs of the place
Art. 684.
2. making the necessary protective works subject to conditions
 No proprietor shall make such excavations upon his land
provided by law
 as to deprive any adjacent land or building of sufficient
lateral (same plane) or subjacent support (tunnel).
PROPERTY FINAL EXAMINATION | PALMA GIL | 8 out of 9
Rules
 Stipulation allowing excavations that cause danger to an
adjacent land or building shall be void. 685
 The legal easement of lateral and subjacent support is not
only for buildings standing at the time the excavations are
made but also for constructions that may be erected. 686
 Any proprietor intending to make any excavation
contemplated in the three preceding articles shall notify all
owners of adjacent lands. 687

Voluntary Easements
Art. 688. Every owner of a tenement or piece of land may:
 establish thereon the easements which he may deem suitable,
 and in the manner and form which he may deem best,
 provided he does not contravene the laws, public policy or
public order
Note:
 owner with resolutory title can create an easement which
shall extinguish upon resolution or annulment of his title
 Voluntary easements may be imposed unilaterally

Art. 689.
THE OWNER OF THE NAKED TITLE, may:
 impose on the land,
 without the consent of the usufructuary,
 any servitudes which will not injure the right of usufruct.

Art. 690.
Whenever the naked ownership of a tenement or piece of land belongs
to one person and the beneficial ownership to another,
 no perpetual voluntary easement may be established
thereon without the consent of both owners

Easement in Co-ownership 691

1. In order to impose an easement of an undivided tenement,
or piece of land, the consent of all the co-owners shall be
required
2. The consent given by some only, must be held in abeyance
until the last one of all the co-owners shall have expressed
his conformity
3. Once a co-owner gives his consent, he cannot later on
revoke his consent (except when consent is vitiated)

Rules governing voluntary easements 692

1. Title
2. Civil Code

Rule when owner of the servient estate Has Bound Itself to Pay for
the Maintenance of the Easement 693
 he may free himself from this obligation by renouncing his
property to the owner of the dominant estate

PROPERTY FINAL EXAMINATION | PALMA GIL | 9 out of 9