EASEMENT- encumbrance imposed upon an
Deed of recognition by servient estate
immovable for the benefit of another
immovable belonging to a different owner
PARTIES
DOMINANT- in favour of which the
easement is established
SERVIENT- subject to the easement
CHARACTERISTICS
1. Real right
2. Right over another property
3. Right over immovable
4. Limit ownership of servient owner
5. Creates relation between tenements
6. Consist of something which may be done
or refrain from doing
7. Inherent and inseparable
8. Intransmissible
9. Indivisible
10. Permanent or perpetual
CLASSIFICATION
a. As to recipient of benefits
Real- for benefit of particular tenement
Personal- for benefit of persons without
dominant tenement
b. As to cause or origin
Legal- made by law
Voluntary- made by will of owners
c. As to its exercise
Continuous- use is or may be incessant
Discontinuous- used at intervals
d. As indication of its existence
Apparent- made known by external signs
Non-apparent- no external indication of
existence
e. By object or implication imposed
Positive- allow something to be done
Negative- prohibits from doing
something
RELEVANCE OF CLASSIFICATIONS
Continuous and apparent easements
may be acquired by prescription of
10years
- If positive, from the day commenced
to exercise the easement
- If negative, from day notarial
prohibition is executed
How easement is lost by prescription
- If discontinuous easement, from day
easement is ceased to be used
- If continuous easement, from day an
act contrary to the same took place
CREATION OF EASEMENT BY TITLE
1. C & A easements
2. CN, DA, DN easements
3.
4. Final judgment
5. Existence of apparent sign of easement
LEGAL EASEMENTS
Public
1. Special laws and regulations
2. Civil code
Private
1. Agreement of parties
2. Civil code
VOLUNTARY EASEMENTS
1. Owner may establish easements which
he may deem suitable and in manner
and form he may deemed best
2. Owner, without the consent of his
usufruct may impose any servitudes
3. No perpetual easement may be
established without consent of both
naked and beneficial owners consent
4. Consent of all co-owners is required
RIGHTS OF DOMINANT ESTATE OWNER
1. To use the easement and exercise all
rights necessary for it
2. To do at his expense, all necessary works
for the use and preservation of the
easement
3. In a right of way, to ask for change in
width of easement sufficient for needs
OBLIGATIONS OF DOMINANT ESTATE
OWNER
1. To use the easement for the benefit of
immovable and in the manner originally
establish
2. To notify owner of servient before
making repairs and to make repairs in a
manner least inconvenient to servient
estate
3. Not to alter easement or render it more
burdensome
4. To contribute to expenses of works
necessary for use and preservation of
servitude, if there are several dominant
estates, unless he renounces his interest
RIGHTS OF SERVIENT ESTATE OWNER
1. To retain ownership and use of his
property
2. To change the place and manner of the
use of the easement
3. To use the easement
OBLIGATIONS OF SERVIENT ESTATE OWNER
1. Not to impair the use of easement
 2. To contribute proportionately to 1. By merger in the same person of the
expenses if he uses the easement ownership of dominant and servient
KINDS OF LEGAL EASEMENTS estates
1. Natural drainage - Absolute, perfect and definite
2. Riparian banks merger
3. Drainage of buildings 2. By nonuser for 10 years
4. Dam - Easement must first be used
5. Drawing water 3. When either or both of the estates fall
6. Aqueduct into such condition that easement
7. Sluice gate cannot be used
8. Right of way - Impossibility of use
9. Party wall 4. Expiration of the term or fulfilment of
10. Light and view the condition
11. Intermediate distances - Applicable only to voluntary
12. Nuisance easements
13. Lateral and subjacent support 5. By renunciation of the owner of the
RIGHT OF WAY dominant estate
Who may demand - Specific, clear and express
1. Owner of dominant estate renunciation
2. Any person with real right to 6. By redemption agreed upon between
cultivate or use the immovable the owners
Requisites 7. Other causes not mentioned
1. Dominant estate is surrounded by a. Annulment or rescission
other immovable owned by other b. Termination
persons c. Abandonment
2. There must be absolutely no access d. Eminent domain
to a public highway e. Right of way ceases to be necessary
3. Even if there is access, it is difficult or
dangerous to use, or grossly
insufficient
4. Isolation is not due to dominant
owners own acts
5. Payment of indemnity
Rules for establishing right of way
1. Least prejudicial to the servient
estate
2. Shortest distance from dominant
estate to public highway
3. Least prejudice > shortest distance
Extinguishment
1. Owner has joined dominant estate
2. New road is opened
3. Indemnity must be returned
- Except if easement is temporary
MODES OF ACQUIRING EASEMENT
BY TITLE- juridical act which gives rise to
the servitude
BY PRESCRIPTION
a. Easement must be continuous and
apparent
b. Easement must have existed for 10
years
c. No need for good faith or just title
EXTINGUISHMENT OF EASEMENTS