SOLID MANILA CASE

A mere right of way, cannot be separated from the tenement and maintain an
independent existence.

art 617- easements are inseparable from the estate to which they actively or
passively belong

servitudes are merely accessories to the tenements to which they form part. hence,
cannot be alienated or mortgaged separately

easement operates as limitation on the title of the SE , i.e. right to use

acquire ownership but not the riht to close the alley

personal servitude= benefit of public art 614

=no owner of dominant estate

===========================
inseperabality= indivisibility (consequecnce)

division of SE & DE = easement continues to attach to the estates originally

affected

division of SE= continue to bear the encumbrance

division of DE= continue to enjoy easement in its entirety without modification

===========================
MODES OF ACQUIRING EASEMENTS

1. By title (all kinds)

-document
--if no proof/document. cured by deed of recognition by owner of SE
2. by prescription (only continuous and apparent)-10 yrs
-no ducument evidencing its exstence
-may be established only in a judicial proceeding through preponderance of evidence

title= "juridical act"

e.g. law, donations, contracts, wills
>act may be inter vivos or mortis causa
> may be onerous or gratuitous
===========================
BOGO MEDELLIN VS CA

RIGHT OF WAY- discontinuous

=cannot be acquired by prescription
=depends upom acts of man
=exercised only if man passes on the land
=DE- right to be allowed to pass
=SE restricted right to exclude others from his property

CONTINUOUS/ DISCONTINUOUS= depends on manner of exercise, not on presence of

apparent signs

continuous- incessanr, without intervention of man

e.g. easement of drainage
discont-used at intervals, depends on acts of man
e.g. easement of right of way

APPARENT/NON-APPARENT
-presence of signs

apparent- road (right of way)

window (light and view)

WHEN TITLE OVER THE USE OF LAND DEEMED TO EXIST (i.e. right of way)
1. if it had subsequently entered into a contractual right of way with the heirs
for the continued use of the land under the principles of voluntary easements

2. if it had filed a case against the heir for conferment on it of a legal easement
of right of way under ART 629

Conferment subject to proof:

a. surrounded by other immovables, no outlet

b. payment of proper indemnity
c. isolation not a result of own acts
d. least prejudicial to SE, distance is shortest

============================
prescription

positive= counted from day DE made use of the easement

negative= counted from day DE forbade, by instrument acknowledged before the notary
public, owner of SE , from executing an act which would be lawful w/o the easement

============================
presumption: AGAINST THE EXISTENCE OF EASEMENTS

"property is always presumed free from any and all encumbrances"