Book 2: Property, Ownership and Its Modifications

Title VII: EASEMENTS OF SERVITUDES
Section 3. - Easement Of Right of Way
Article 652: Whenever a piece of land acquired by sale, exchange or partition, i
s surrounded by other estates of the vendor, exchanger, or co-owner, he shall be
obliged to grant a right of way without indemnity.
---------------Book 2: Property, Ownership and Its Modifications
Title VII: EASEMENTS OF SERVITUDES
SECTION 2. - Modes of Acquiring Easements
Art. 620. Continuous and apparent easements are acquired either by virtue of a t
itle or by prescription of ten years. (537a)
---------------Book 2: Property, Ownership and Its Modifications
Title VII: EASEMENTS OF SERVITUDES
SECTION 2. - Modes of Acquiring Easements
Art. 626. The owner of the dominant estate cannot use the easement except for th
e benefit of the immovable originally contemplated. Neither can he exercise the
easement in any other manner than that previously established. (n)
---------------Book 2: Property, Ownership and Its Modifications
Title VII: EASEMENTS OF SERVITUDES
SECTION 3. - Rights and Obligations
of the Owners of the Dominant and Servient Estates
Art. 627. The owner of the dominant estate may make, at his own expense, on the
servient state any works necessary for the use and preservation of the servitude
, but without altering it or rendering it more burdensome.
For this purpose he shall notify the owner of the servient estate, and shall cho
ose the most convenient time and manner so as to cause the least inconvenience t
o the owner of the servient estate. (543a)
---------------Book 2: Property, Ownership and Its Modifications
Title VII: EASEMENTS OF SERVITUDES
SECTION 3. - Rights and Obligations
of the Owners of the Dominant and Servient Estates
Art. 628. Should there be several dominant estates, the owners of all of them sh
all be obliged to contribute to the expenses referred to in the preceding articl
e, in proportion to the benefits which each may derive from the work. Any one wh
o does not wish to contribute may exempt himself by renouncing the easement for
the benefit of the others.

The owner of the servient estate cannot impair. p rovided he offers another place or manner equally convenient and in such a way t hat 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. Ownership and Its Modifications . If the right of way is permanent. or should prevent him from making any impor tant works. repairs or improvements thereon. the necessary repairs shall be made by the owner of the dominant estate. and. The same rule shall be applied in case a new road is opened giving access to the isolated estate. the same should become very inconvenient to the owner of the servient estate. 655. or co-owner. In both cases. it may be changed at his expense. if by reason of the place originally assigned. he shall also be obliged to contribute to the expenses in the prop ortion stated. If the right of way granted to a surrounded estate ceases to be necess ary because its owner has joined it to another abutting on a public road. 629.Rights and Obligations of the Owners of the Dominant and Servient Estates Art. (545) Art. the ow ner of the servient estate may demand that the easement be extinguished. . When the distances in Article 670 are not observed. ---------------Book 2: Property. (544) ---------------Book 2: Property. A proportionate share of the taxes shall be reimbursed by said owner to the proprietor of the servient estate. exchange or partition. 654. in every case. with an iron grating imbedded in the wall and with a wire screen. returni ng what he may have received by way of indemnity.Easement of Light and View Art. 669. Whenever a piece of land acquired by sale. Nevertheless. exchanger.If the owner of the servient estate should make use of the easement in any manne r whatsoever. is s urrounded by other estates of the vendor. Art. Ownership and Its Modifications Title VII: EASEMENTS OF SERVITUDES SECTION 5. adjoining a tenement or piece of land belonging to an other. in any manner whatsoev er. . 652. and of the size of thirty centimeters square . can make in it openings to admit light at the height of the ceiling joint s or immediately under the ceiling. the owner of a wal l which is not party wall. or of the manner es tablished for the use of the easement. (n) Art. Ownership and Its Modifications Title VII: EASEMENTS OF SERVITUDES SECTION 3. (568a) ---------------Book 2: Property. the public highway must substantially meet the needs of the domin ant estate in order that the easement may be extinguished. The interest on the indemnity shall be deemed to be in payment of rent for the use of the easement. the use of the servitude. he shall be ob liged to grant a right of way without indemnity. saving an agreement to the contrary.

The true owner must resort to judicial process for the recovery of the property. heat. is entitled to demand a right of way through the neighboring estates. offensive odor. ---------------Book 2: Property. glare and other causes. Actual possession under claim of ownership raises disputable presumpti on of ownership. . . given as easement. with respect to discontinuous easements. smoke. ---------------Book 2: Property. Every building or piece of land is subject to the easement which prohi bits the proprietor or possessor from committing nuisance through noise. or any person who by virtue of a real right may cultivate o r use any immovable. Ownership and Its Modifications Title VIII. 631. this peri od shall be computed from the day on which they ceased to be used. . from the day on which an act contrary to the same took place.OWNERSHIP CHAPTER 1 Art. ---------------Book 2: Property.NUISANCE . .Title VII: EASEMENTS OF SERVITUDES SECTION 8. The owner. Ownership and Its Modifications CHAPTER 2: LEGAL EASEMENTS SECTION 3. Easements are extinguished: (1) By merger in the same person of the ownership of the dominant and servient e states. dust.Modes of Extinguishment of Easements Art. Ownership and Its Modifications Title II. Ownership and Its Modifications Title VII: EASEMENTS OF SERVITUDES SECTION 4. after payment of the proper inde mnity. which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway. and. 682. . (2) By nonuser for ten years. water. with res pect to continuous easements.Easement of Right of Way Art. the owners are gone. who would recover the property?) ---------------============================== Book 2: Property. (n) (How about on ROW. jarring .Easement Against Nuisance (n) Art. 649. 433.

Art. or (3) Shocks. The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence. without judicial proceedings. Art. although the extent of the annoyance.============================== Art. . or (2) Abatement. 698. 705. ---------------Book 2: Property. Any private person may abate a public nuisance which is specially inju rious to him by removing. business. 703. 697. or (4) Obstructs or interferes with the free passage of any public highway or stree t. or anything else which: (1) Injures or endangers the health or safety of others. Lapse of time cannot legalize any nuisance. 699. The remedies against a private nuisance are: (1) A civil action. by destroying the thing which constit utes the same.NUISANCE Art. without committing a breach of the peace. without judicial proceedings. defies or disregards decency or morality. Art. The remedies against a public nuisance are: (1) A prosecution under the Penal Code or any local ordinance: or (2) A civil action. or doing unnecessary in jury. or any body of water. Ownership and Its Modifications Title VIII. condition of property. Art. A nuisance is any act. whether public or private. Art. or (3) Abatement. danger or damage upon individuals may be unequal. . or (5) Hinders or impairs the use of property. A public nuisance affects a comm unity or neighborhood or any considerable number of persons. A private n uisance is one that is not included in the foregoing definition. A private person may file an action on account of a public nuisance. or if necessary. But it is necessary: (1) That demand be first made upon the owner or possessor of the property to aba te the nuisance. omission. (3) That the abatement be approved by the district health officer and executed w ith the assistance of the local police. 694. Nuisance is either public or private. (2) That such demand has been rejected. establishment. and (4) That the value of the destruction does not exceed three thousand pesos Art. i f it is specially injurious to himself. 695. or (2) Annoys or offends the senses. 704.

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