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17. Can an easement be imposed on real property?

Yes, easement be imposed on real property.

As provided in Article 613. An easement or servitude is an encumbrance imposed upon an


IMMOVABLE PROPERTY for the benefit of another immovable belonging to different owner.

Also, as distinguished from lease which involve real or personal property. Easement can refer only to
immovables (source: PARAS)

18. What is the distance of a legal easement for structures near a river bank in cities?

Article 638. The banks of rivers and streams, even in case they are of private ownership, are subject
throughout their entire length and within a zone of 3 meters along their margins, to the easement of public use
in general interest of navigation, floatage, fishing and salvage.

Estate adjoining the banks of navigable or floatable rivers are furthermore, subject to the easement of
tow path for the exclusive service of river navigation and floatage.

19. The 5heirs of Z divided the land into 5 lots: Lot 1 for A, Lot 2 for B, Lot 3 for C, Lot 4 for D and Lot 5 for
E. Lots 1-2-3 were bounded in the north by a public road. Lots 4 and 5 did not have any access to the road.
The heirs agreed to establish a right-of-way inside Lot 2 which is next to Lot 1 that provided access to the
road for Lots 4 and 5. When the right-of-way was established and annotated on the land titles, A, D and E
used the pathway for their cars. Subsequently, X purchased Lots 2-3-4-5 and built a wall around the
perimeter, enclosing the right-of-way. A complained because she was deprived the use of the pathway. X
refused on the ground that A has access to the road. Can X disregard the previously established easement?

20. How do you determine which is the dominant estate and which is the servient estate?
According to Article 613, paragraph 2. The Immovable in favor of which the easement is established is
called the DOMINANT ESTATE, that which is subject thereto, the SERVIENT ESTATE.

A dominant estate is that which a servitude or easement is due or for the benefit of which it exists. On
the other hand, a servient estate is an estate in respect of which service is owning.

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