LEGAL EASEMENTS

DEFINITION (see article 634)

– They are the easements imposed by the law, and

which have for their object — either:

• public use ; or
• the interest of private persons
 HOW GOVERNED?
• For Public use (see article 635)
– Through special laws and regulations
– Through the Civil Code (suppletory effect)

• For Private Interests (see article 636)

– By agreement of interested parties provided not
prohibited by law nor prejudicial to a third person.
– Through General or local laws and ordinances for the
general welfare.
– Through the Civil Code
EASEMENTS RELATING TO WATERS
 How governed? (see article 648)

The establishment, extent, form and

conditions of the servitudes of waters, to
which this section refers, shall be governed by
the special laws relating thereto insofar as no
provision therefor is made in this Code.

Note: In case of conflict between the special

laws and the new Civil Code, the latter
prevails.
 SPECIFIC LEGAL EASEMENT OF
NATURAL DRAINAGE OF LANDS (see article 637)

Lower estates are obliged to receive:

• The waters which naturally and without

intervention of man descend from the higher
estates
• The stones or earth which they carry with
them
 Duties of Servient Estate
• Cannot construct works that would impede,
block or divert the flow of water, UNLESS he
provides an alternative method of drainage (see
article 50 of P.D. 1067, Water Code)

• May regulate or control the descent of the

water
 Duties of Dominant Estate
• Cannot make works which will increase the
burden (refer to Article 46 of PD 1067, Water Code)
• May construct works preventing erosion
• If the descending waters are the result of
artificial development or proceed from
industrial establishments recently set up, or
are the overflow from irrigation dams, the
owner of the lower estate shall be entitled to
compensation for his loss or damage.
 EASEMENT ALONG RIPARIAN BANKS

Article 638 of the New Civil Code, amended by Article 51 of PD 1067, Water Code

Easements are allowed on:

• Banks of rivers & streams & the shores of the

seas and lakes, a public easement for:
– Recreation
– Navigation
– Floatage
– Fishing
– Salvage
 Payment of Indemnity

• If the land be of public ownership – no

indemnity

• If the land be of private ownership – with

indemnity
 Width of Zone Burdened
• 3 meters – urban areas
• 20 meters – agricultural areas
• 40 meters – forest areas
EASEMENT FOR THE CONSTRUCTION,
ABUTMENT, OR BUTTRESS OF A DAM
(see article 639)

ABUTMENT OF A DAM
– Moving water from a large large reservoir to a channel
such as a spillway, there are smooth transition walls at
both sides named abutments which minimize the
water's energy loss

NOTE: Payment of proper indemnity is required,

otherwise, this amounts to taking of property without
due process of law, and the owner of the servient
estate may remove the dam like a private nuisance
 EASEMENTS FOR DRAWING WATER
OR FOR WATERING ANIMALS (see article 640)

Can be imposed only:

• For reasons of Public Use

• Must be in favor of a Town or Village
• Proper indemnity must be paid
 Easement of Right of Way (see article 641)

– Accessory easement of easements for drawing water and

watering animals

Requirements for such easement to exist:

• For reasons of Public Use
• Must be in favor of a Town or Village
• The right must be sought not by one individual, but by
the town or village, thru its legal representation
• Proper indemnity must be paid
• The right of way should have a maximum width of 10
meters
LEGAL EASEMENT OF AQUEDUCT
– The right to make water flow thru intervening
estates in order that one may make use of said
waters
– Shall be considered as continuous and apparent
even though the flow of the 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 (see article 646)
 Requisites to Acquire Easement
• Indemnity must be paid to owners of intervening estates
and to the owners of lower estates upon which the waters
may filter or descend (see article 642)
• There must be proof (see article 643)
– That he can dispose of the water
– That the water is sufficient for the use for which it is intended
– But the proposed course is the most convenient and the least
onerous to third persons and the servient estate
– That proper administrative permission be obtained

• If for private interests, the easement cannot be imposed on

EXISTING buildings, courtyards, annexes, out-houses,
orchards, or gardens (see article 644)
 Preservation of Right of Servient
Estate to Fence (see article 645)

The servient owner may still enclose or fence

the servient estate, or even build over the
aqueduct, so long as:

• It will not cause any damage in the aqueduct

• It will not to render necessary repairs and
cleanings impossible
 CONSTRUCTION OF A STOP LOCK OR
SLUICE GATE (see article 647)

Requisites:
• Purpose must be for irrigation or
improvement
• The construction must be on the estate of
another
• Damages must be paid
• Third persons should not be prejudiced