EASEMENT RELATING TO

WATERS
Article 637-648, NCC)
Article 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 laws and regulations.
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 person;
and
4. To pay indemnity to the owner of the
servient estate.
Article 25. A holder of water permit may demand the establishment of
easements necessary for the construction and maintenance of the works
and facilities needed for the beneficial use of the waters to be appropriated
subject to the requirements of just compensation and to the following
conditions:

(a) That he is the owner, lessee, mortgagee or one having real right
over the land upon which he proposes to use water; and
(b) That the proposed easement is the most convenient and the least
onerous to the servient estate.

Easements relating to the appropriation and use of waters may be

modified by agreement of the contracting parties provided the same is not
contrary to law or prejudicial to third persons.
(PD No. 1067 of 1976)
Article 644:

The easement of AQUEDUCT for private interest

cannot be imposed on buildings, courtyards, annexes,
or outhouses, or on orchards or gardens already
existing.
What is an aqueduct?

An aqueduct is a watercourse constructed to convey

water. In modern engineering, the term aqueduct is used
for any system of pipes, ditches, canals, tunnels, and
other structures used for this purpose.
The term aqueduct also often refers specifically to a
bridge on an artificial watercourse.
Right of a dominant estate owner:

Article 49. Any person having an easement for an

aqueduct may enter upon the servient land for the
purpose of cleaning, repairing or replacing the aqueduct
or the removal of obstructions therefrom.
(PD No. 1067 of 1976)