1. WHAT ARE THE DIFFERENT CLASSES OF EASEMENTS? Enumerate and 5.
5. Indivisible for it is not affected by the division of the estate between
explain briefly.
1. Continuous easements are those the use of which is or may be
incessant, without the intervention of any act of man.
2. Discontinuous easements are those which are used at intervals and
depend upon the acts of man.
3. Apparent easements are those which are made known and are
continually kept in view by external signs that reveal the use and
enjoyment of the same.
3. HOW ARE EASEMENTS ACQUIRED? Explain briefly.
4. Non-apparent easements are those which show no external
indication of their existence (Art. 615, NCC).
5. A positive easement is one which imposes upon the owner of the
servient estate the obligation of allowing something to be done or
of doing it himself, and a negative easement, that which prohibits
the owner of the servient estate from doing something which he
could lawfully do if the easement did not exist (Art. 616, NCC).
6. Voluntary easement – that which is created by reason of the will of
the owner of the servient estate (Article 619, NCC).
7. legal easement – easements imposed by law have for their object
either public use or the interest of private persons (Article 634,
NCC).
2. WHAT ARE THE CHARACTERISTICS OF EASEMENTS?
1. Real right but will affect third persons only when duly registered
2. Enjoyed over another immovable
3. Involves two neighboring estates
4. Inseparable from the estate to which it is attached and cannot be
alienated independently of the estate
two or more persons
6. Cannot consist in the doing of an act unless the act is accessory in
relation to a real easement
7. Right limited by the needs of the dominant owner or estate without
possession
8. Limitation on the servient owner’s rights of ownership for the
benefit of the dominant owner.
1. Title – may be acquired through acts inter vivos or mortis causa like
donation, will or contracts.
2. Prescription of ten (10) years – only if continuous and apparent
easements.
Note: Continuous and apparent easements may also ne acquired by
title in addition to prescription.
3. Deed of recognition and final judgment- this merely declares the
existence of a continuous
4. non-apparent, discontinuous easements (which cannot be acquired
by prescription) and cures the absence of proof thereof. (Art. 623,
NCC)
Apparent sign established by the owner of two adjoining estates.
Note: Easement shall exist if the following concurs:
a. There are two (2) estates (or one divided into 2 or more)
b. The 2 estates originally belonged to one person;
c. There is an apparent sign of an easement established by the
original owner;
 d. One of the estates was alienated to another person while the
apparent sign still exists; and
e. There is no stipulation against the existence of an easement.
4. ARE EASEMENTS OF RIGHT OF WAY AND OF AQUEDUCT ACQUIRABLE BY
TITLE AND PRESCRIPTION?
- Tahe Easement of Right of Way cannot be acquired by
prescription only by title, because it is discontinuous or
intermittent. The limitation on the servient owner’s rights of
ownership exists only when the dominant owner actually crosses or
passes over the servient estate. Since the dominant owner cannot
be continually crossing the servient estate, but can do so only at
intervals, the easement is necessarily of a discontinuous nature.
- The easement of aqueduct is considered continuous and apparent
(though not really continuous or visible), and may therefore be
acquired by prescription. (Art. 646). The reason is that the best
interest of agriculture demands that this ease_ment be available
thru acquisitive prescription.
5. WHAT ARE THE LIMITATIONS UPON THE RIGHT OF THE OWNER OF THE
DOMINANT ESTATE TO EXERCISE THE EASEMENT ONCE IT IS ACQUIRED
EITHER BY TITLE OR BY PRESCRIPTION?
RIGHTS OF THE DOMINANT ESTATE:
(a) to exercise the easement and all necessary rights for its use including
accessory easement. (See Art. 625).
(b) to make on the servient estate all works necessary for the use and
preservation of the servitude, BUT —
1) this must be at his own expense
2) he must NOTIFY the servient owner
3) select convenient time and manner
4) he must NOT alter the easement NOR render it MORE
BURDENSOME. (Art. 6271).
(c) to ask for a MANDATORY INJUNCTION to prevent impairment or
obstruction in the exercise of the easement as when the owner of the
servient estate obstructs the right of way by building a wall or fence.
(d) to RENOUNCE totally (for an easement is indivisible)the easement if he
desires exemption from contribution to expenses. (Art. 628).
OBLIGATIONS OF THE DOMINANT ESTATE
(a) He cannot alter the easement. (Art. 627).
(b) He cannot make it more burdensome. (Art. 627).
1) Thus he cannot use the easement except for movable originally
contemplated. (Art. 626).
2) In the easement of right of way, he cannot increase the agreed width of
the path, nor deposit soil or materials outside of the boundaries agreed
upon (for these acts would be increasing the burden), BUT he may allow
OTHERS to use the path (this really does NOT increase the burden) except if
the contrary has been stipulated
If there be several dominant estates, each must contribute to necessary
repairs and expenses in proportion to the BENEFITS received by each estate
(and not in proportion to the VALUE of each estate). (In the absence of
proof, we should presume the benefits to be equal).
(d) Regarding the making of repairs, see limitations in letter (b) of number 1.
RIGHTS OF THE SERVIENT ESTATE
(a) to retain ownership and possession of the portion of his land
affected by the easement (Art. 630) even if indemnity for the right is
given (as in the case of the easement of right of way) (Art. 649),
unless the contrary has been stipulated.
(b) to make USE of the easement, unless deprived by stipulation (2
Valverde 356) provided that the exercise of the easement is not
adversely affected (Art. 630) and provided further that he
contributes to the expenses in proportion to BENEFITS received,
unless there is a contrary stipula_tion. (Art. 628, par. 2).
(c) to change the location of a very inconvenient easement provided
that an equally convenient substitute is made, without injury to the
dominant estate. (Art. 629, par. 2)
OBLIGATIONS OF THE SERVIENT ESTATE
(a) He cannot impair the use of the easement. (Art. 629, par. 1).
(b) He must contribute to the expenses in case he uses the easement,
unless there is a contrary stipulation. (Art. 628, par. 2).
(c) In case of impairment, to restore conditions to the status quo at his
expense plus damages. (See 3 Sanchez Roman 609). (In case of
obstruction, as when he fences the origi_nal right of way, and offers
an inconvenient substitute way, which is farther and requires
turning at a sharp angle, he may be restrained by injunction).
(Resolme v. Lazo, 27 Phil. 416).
(d) To pay for the expenses incurred for the change of location or form
of the easement (in the proper case). (Art. 629, par. 2
6. WHAT ARE THE MODES OF EXTINGUISHING EASEMENTS?
According to Art. 631, easements are extinguished:
(1) By merger in the same person of the ownership of the dominant
and servient estates;
(2) By nonuser for ten years; with respect to discontinuous
easements, this period shall be computed from the day on which
they ceased to be used; and, with respect to continuous easements,
from the day on which an act contrary to the same took place;
(3) When either or both of the estates fall into such condition that
the easement cannot be used; but it shall revive if the subsequent
condition of the estates or either of them should again permit its
use, unless when the use becomes possible, sufficient time for
prescription has elapsed, in accordance with the provisions of the
preceding number;
(4) By the expiration of the term or the fulfillment of the condition,
if the easement is temporary or conditional;
(5) By the renunciation of the owner of the dominant estate;
(6) By the redemption agreed upon between the owners of the
dominant and servient estates.
7. WHAT IS A LEGAL EASEMENT OF DRAINAGE OF WATERS, OR WHAT IS
KNOWN AS THE NATURAL EASEMENT OF WATERS?
Lower estates are obliged to receive the waters which naturally and without
the intervention of man descend from the higher estates, as well as the
stones or earth which they carry with them.
The owner of the lower estate cannot construct works which will impede
this easement; neither can the owner of the higher estate make works
which will increase the burden.
8. WHAT IS MEANT BY THE LEGAL EASEMENT OF AQUEDUCT? WHEN CAN 10. JACKIE’S LAND IS ONLY 170 SUM. AREN WOULD LIKE TO ESTABLISH AS
A LEGAL EASEMENT OF AQUEDUCT BE ESTABLISHED? EASEMENT OF RIGHT OF WAY CONSISTING OF 100 SQM. CAN AREN
COMPEL JACKIE TO GRANT AN EASEMENT OF RIGHT OF WAY? EXPLAIN.
The legal (compulsory) easement of aqueduct is the right to make water
flow thru intervening estates in order that one may make use of said - No. Aren cannot compel Jackie to grant an easement of right of way.
waters.
the right of way claimed is at the point least prejudicial to the servient
For legal purposes (and to make the easement susceptible of acquisitive estate; and insofar as consistent with this rule, where the distance from the
prescription for the benefi t of agriculture, the easement is considered dominant estate to a public highway may be the shortest. (Art. 650)128
CONTINUOUS and APPARENT though in reality, it may not be so). (See Art.
646). The aqueduct may be used only at times, or may be covered or in
tubes.

9. WHAT ARE THE REQUISITES FOR ONE TO BE ENTITLED TO A LEGAL

EASEMENT OF RIGHT OF WAY?

‘Easement of Right of Way’ Defined

- This is the easement or privilege by which one person or a particular class

of persons is allowed to pass over another’s land, usually thru one particular
path or line. The term “right of way,” upon the other hand, may refer either
to the easement itself, or simply, to the strip of land over which passage
can be done.

Requisites for the Easement

a. The property is surrounded by estates of others.

b. There is no adequate outlet to a public highway. If outlet is thru the

water, like a river or sea, under Spanish law, the easement cannot
be demanded for there exists an adequate outlet (TS, Mar. 8, 1922);
it is believed that in the Philippines, a distinction must be made,
depending on danger, convenience, and cost.

c. There must be payment of the proper indemnity (but later on, the
amount may be refunded when the easement ends). (Art. 655).
(Use before indemnity is not allowed.)