1.

Under the New Civil Code of the Philippines, the different kinds of easement are the
following: Real, which is in favor of another immovable, or Personal, which is in favor of
one or more persons to whom the encumbered estate does not belong. Continuous which
is or may be incessant, or Discontinuous which is used at intervals and depend upon the
acts of man. Apparent such as those which are made known and are continually kept in
view by external signs that reveal the use and enjoyment of the same, or Non-apparent
which show no external indication of their existence. Positive which imposes upon the
owner of the servient estate the obligation of allowing something to be done or of doing it
himself, or Negative which prohibits the owner of the servient estate from doing
something which he could lawfully do if the easement did not exist. Legal which is
imposed by the law for public use or for private interest, or Voluntary which is imposed
by the parties’ own agreement.

2. The characteristics of Easement, as laid down under the New Civil Code, are as follows:
It is a real right for an action in rem can be brought against servient estate’s possessor,
and it can be alienated even though the naked ownership is maintained. It can only be
imposed to another person’s property, and easement cannot be imposed by the own
owner of such property. It serves as a limitation on the servient estate for another’s
benefit. It is indivisible. It is inseparable from the estate to which it belongs to. Lastly, it
is intransmissible, unless the tenement affected be also alienated.

3. The New Civil Code of the Philippines, specifically under the Right and Obligations of
the owners of the Dominant and Servient Estates, enumerates the rights of the Servient
Estate which are: to contribute to the expenses in proportion to benefits received, unless
there is a contrary stipulation, to change the location of a very inconvenient easement
provided that an equally convenient substitute is made, without injury to the dominant
estate, to retain ownership and possession of the portion of his land affected by the
easement, even if indemnity for the right is given, unless the contrary has been stipulated,
and to make use of the easement, unless deprived by stipulation provided that the
exercise of the easement is not adversely affected. Its obligations are: to contribute to the
expenses in case he uses the easement, unless there is a contrary stipulation, to pay for the
expenses incurred for the change of location or form of the easement, not to impair the
use of the easement, and in case of impairment, to restore its previous conditions at his
expense plus damages.

4. Under the New Civil Code, the rights of the dominant estate are: to exercise the easement
and all necessary rights for its use including accessory easement, to make on the servient
estate all works necessary for the use and preservation of the servitude, at his own
expense, after notifying the servient owner, and not to alter the easement nor render it
more burdensome. Furthermore, he should ask for a mandatory injunction to prevent
impairment in the exercise of the easement as when the owner of the servient estate
obstructs the right of way by building a wall, and not to use the easement except for
movable originally contemplated.
In the easement of right of way, he cannot increase the agreed width of the path, nor
deposit soil outside of the boundaries agreed upon, but he may allow others to use the
path except if the contrary has been stipulated. Should there be several dominant estates,
each must contribute to necessary repairs and expenses in proportion to the benefits
received by each. Lastly, he cannot alter the easement, nor make it more burdensome, and
to renounce totally the easement if he desires exemption from contribution to expenses.
The obligations of the dominant estate are: Not to impair the use of the easement, to
contribute to the expenses in case he uses the easement, unless there is a contrary
stipulation, and to restore conditions to the status quo at his expense plus damages, in
case of obstruction.