EASEMENT OR SERVITUDES

Definition — Easements or real servitudes is a real right which burdens a thing with a presentation
consisting of determinate servitudes for the exclusive enjoyment of a person who is not its owner or of a
tenement belonging to another, or, it is the real right over an immovable by nature i.e. land and buildings,
by virtue of which the owner of the same has to abstain from doing or to allow somebody else to do
something in his property for the benefit of another thing or person. (Caguioa citing Sanchez Roman)

Essential feature of easements/real servitudes/praedial servitudes (Caguioa)

1. It is a real right, i.e., it gives an action in rem or real action against any possessor of servient
estate.
2. It is a right enjoyed over another property (jus in re aliena) i.e., it cannot exist in one's own
property (nulli res sua servit).
3. It is a right constituted over an immovable by nature (Land and buildings), not over movables.
4. It limits the servient owner's right of ownership for the benefit of the dominant estate. Right of
limited use, but no right to possess servient estate. Being an abnormal limitation of ownership, it
cannot be presumed.
5. It creates a relation between tenements
6. It cannot consist in requiring the owner of the servient estate to do an act, (servitus in faciendo
consistere nequit) unless the act is accessory to a praedial servitude (obligation propter rem)
7. Generally, it may consist in the owner of the dominant estate demanding that the owner of the
servient estate refrain from doing something (servitus in non faciendo), that the latter permit that
something be done over the servient property (servitus in patendo), but not in the right to demand
that the owner of the servient right to demand that the owner of the servient estate do something
(servitus in faciendo) except if such act is an accessory obligation to a praedial servitude (obligation
propter rem).

(Characteristics of easements):

1. It is inherent or inseparable from estate to which they actively or passively belong (Art. 617)
2. It is intransmissible, i.e., it cannot be alienated separately from the tenement affected, or benefited.
3. It is indivisible. (Art. 616)
4. It has permanence, i.e., once it attaches, whether used or not, it continues and may be used at
anytime.

Classification of Servitudes

1. As to recipient of benefits:

a. Real or Praedial

b. Personal (Art. 614) [But note that under Roman Law, usufruct together with usus, habitatio, and operae
servorum were classified as personal servitudes]

As to course or origin:

a. Legal, whether for public use or for the interest of private persons (Art. 634)
b. Voluntary
c. Mixed

As to its exercise (Art. 615)

a. Continuous
b. Discontinuous

As indication of its existence (Art. 615)

a. Apparent
b. Non—apparent
By the object or obligation imposed (Art. 616)

a. Positive
b. Negative (prescription start to run from service of
notarial prohibition)

General rules relating to servitudes

1. No one can have a servitude over his own property (nulli res sua servit)

2. A servitude cannot consist in doing (servitus in faciendo consistere nequit)

3. There cannot be a servitude over another servitude (Servitus servimtesesse non potest)

4. A servitude must be exercised civiliter, i.e., in a way least burdensome to the owner of the land.

5. A servitude must have a perpetual cause.

Modes of Acquiring Easements

• North Negros v. Hidalgo, 63 Phil. 664

1. By title—juridical act which give rise to the servitude, e.g. law, donations, contracts or wills.
Dumangas v. Bishop of Jaro, 34 Phil. 541

a. If easement has been acquired but no proof of existence of easement available, and easement is one that
cannot be acquired by prescription - then

1. May be cured by deed of recognition by owner of

servient estate, or

2. By final judgment

3. Existence of an apparent sign considered a title (Art. 624)

Amor v. Florentino, 74 Phil. 404

2. By prescription

Ronquillo v. Roco, 63 Phil. 86

Rights and Obligations of Owners of Dominant and Servient Estates—

1. Right of owner of dominant estate

a. To use the easement (Art. 626) and exercise all rights necessary for the use of the easement (Art. 625)

b. To do at his expense, all necessary works for the use and preservation of the easement (Art. 627)

c. In a right of way, to ask for change in width of easement sufficient for needs of dominant estate (Art.
651)

• Encarnacion v. CA, 195 SCRA 72 (1991)

• Sta. Maria v. CA, 285 SCRA 357 (1998)

2. Obligations of the owner of Dominant Estate:

a. To use the easement for benefit of immovable and in the manner originally established (Art. 626)
b. To notify owner of servient estate before making repairs and to make repairs in a manner least
inconvenient to servient estate (Art. 627)
c. Not to alter easement or render it more burdensome (Art. 627)
 • Valderrama v. North Negros , 48 Phil. 482

d. To contribute to expenses of works necessary for use and preservation of servitude, if there are several
dominant estates, unless he renounces his interest (Art. 628)

3. Rights of owner of servient estate

a. To retain ownership and use of his property (Art. 630).

b. To change the place and manner of use the easement (Art. 629, par. 2).

c. To use the easement also.

Obligations of the servient estate

a. Not to impair the use of the easement (Art. 628, par. 1)

b. To contribute proportionately to expenses if he uses the easement (Art. 628, par. 2)

Modes of Extinguishment of Easements:

1. Merger - must be absolute, perfect and definite, not merely temporary.

2. By non-user for 10 years
a. Computation of the period
i. discontinuous easements; counted from the day they ceased to be used
ii. continuous easements: counted from the day an act adverse to the exercise took
place.
b. The use by a co—owner of the dominant estate bars prescription with respect to the others.
(Art. 633)
c. Servitudes not yet exercised cannot be extinguished by non—user.
3. Extinguishment by impossibility of use
4. Expiration of the term or fulfillment of resolutory condition
5. Renunciation of the owner of dominant estate — must be specific clear, express (distinguished from
non—user)
6. Redemption agreed upon between the owners
7. Other causes not mentioned in Art. 631
a. Annulment 0r rescission of the Title constituting the easement
b. termination of the right of grantor
c. abandonment of the servient estate
d. eminent domain
e. special cause for extinction of legal rights of way; if right of way; 11' right of way no longer
necessary

Legal Easements

1. Law Governing Legal Easements

a. For public easements
• Special laws and regulations relating thereto, e.g., Pres. Decree 1067, P.D. 705
• by the provisions of Chapter 2, Title VII, Book II New Civil Code
b. For private legal easements
• by agreement of the interested parties whenever the law does not prohibit it and no
injury is suffered by a third person
• by the provisions of Chapter 2, Title VII Book II

2. Private Legal Easements (New Civil Code)

a. those established for the use of water or easements relating to waters (Art. 637—648)
• Natural drainage of waters (Art. 637)
• Ongsialco v. Ongsiako
• Easements on lands along riverbanks (Art. 638), See Water Code
• Abutment of a dam (Art. 639)
• Aqueduct (Art. 642-646)
 • Drawing waters and watering animals (Art. 640)
• Stop lock or sluice gate (Art, 649)
b. The easement of right of way (Arts. 649—657)
• Flora v. Llenado, G.R. No. 75723, June 2, 1995
• Quimen v). CA, G.R. No. 112331, May 29, 1996
• David Chan v. CA, 268 SCRA 677
• La Vista Assn. v. CA, G.R. No. 95252, Sept. 5, 1997
• Vda. De Baltazar v. CA, 245 SCRA 333
• Sps. de la Cruz v. Ramiscal, G.R. No. 137882, Feb. 4, 2005
c. The easement of party wall (Arts. 658-666)
d. The easement of light and view (Art. 667—673)
• Case: Cortes v. Yu-Tibo, 2 Phil. 24 (1903)
e. The easement of drainage of buildings (Arts. 674—676)
• Purugganan v. Parades, 68 SCRA 69 (1976)
f. The easement of distance for certain constructions and plantings (Arts. 677—681)
g. The easement against nuisances (Art. 682—683)
h. The easement of lateral and subjacent support (Arts. 684—687)