Arts. 644-646 superseded by Art.

49 Water Code

Under the Water Code, any person having an EASEMENT OF AQUEDUCT may enter into the
servient land for the purpose of:
 Cleaning
 Repairing
 Replacing the aqueduct
 Removal of any obstructions therefrom.

Correlation:

Both Article 645 of the NCC and Article 49 of the Water Code depict proof of implied
ownership of the easement of aqueduct, and of the existence of the same.

EASEMENT OF AQUEDUCT
Article 644-646, NCC Art. 49 of Water Code
 The easement of aqueduct for
private interest cannot be imposed
on existing: [Art. 644, NCC]
-Buildings
-Courtyards
-Annexes
-Outhouse
-Orchards
-Gardens

The easement of aqueduct does Any person having an easement for an

not prevent the owner of the aqueduct may enter upon the servient
servient estate from closing or land for the purpose of cleaning,
fencing it, or from building over repairing or replacing the aqueduct or the
the aqueduct in such manner as
removal of obstructions therefrom.
not to cause the latter any damage,
or render necessary repairs and
cleanings impossible. [ Art. 645,
NCC]
The easement of aqueduct for private
interest cannot be imposed.
 For legal purposes the easement of
aqueduct shall be considered
continuous and apparent, even
thoigh the flow of water may not
be continuous, or its use depends
 upon the needs of the dominant
estate, or upon a schedule of
alternate days or hours.
Correlation:
Both Article 645 of the NCC and Article 49 of the Water Code depict proof of
implied ownership of the easement of aqueduct, and of the existence of the
same.