EASEMENT OR SERVITUDE

(ARTS. 613-693)
EASEMENT OR SERVITUDE
 Easement or servitude is an encumbrance imposed upon an
immovable (servient estate) for the benefit another immovable
(dominant estate) belonging to different owners.
 Easement and servitude are used interchangeably but strictly
speaking, easement refers to the right while servitude refers to the
encumbrance.
 CLASSES OF EASEMENT:

I. Voluntary - established by the will of the owner (Art. 619 NCC)

- a voluntary easement must be recorded in the registry of
property in order not to prejudice third persons (Valdez vs
Tabisula GR# 175610 July 28, 2008).
II. Legal - established by law for the benefit of public use or for the
interest of private persons.
KINDS OF EASEMENTS:

1. Continuous – the use of it maybe incessant without intervention of any

act of man
VS
Discontinuous – those which are used at intervals and depend upon
the acts of man
KINDS OF EASEMENTS:

2. Apparent – those that are made known and are continually kept in view
by external signs that reveal the use and enjoyment of the
same
VS
Non-apparent – those show no signs or external indication of their
existence
KINDS OF EASEMENTS:
3. Positive – those which impose upon the owner of the servient estate
the obligation of allowing something to be done or by doing it
by himself
VS
Negative – those that prohibit the owner of the servient estate from
doing something which he could lawfully do if the easement
did not exist
CHARACTERISTICS OF EASEMENT:

1. It is a real right – an action in rem

2. A right imposed over another’s property – dominant and servient

estate

3. It is a limitation upon the servient estate for the benefit of another

4. It is a right constituted over an immovable

CHARACTERISTICS OF EASEMENT:

5. Inseparable from the estate to which it is actively or passively belong

(Art. 617 NCC) – easement cannot be sold, mortgage or donated
independently of the real property to which it is attached (Doctrine of
Inseparability of Easement)

6. It is indivisible – partition or division of an estate does not divide the

easement which continues to be complete
CHARACTERISTICS OF EASEMENT:

8. It is intransmissible

9. It is perpetual – as long as the dominant and servient estate exists

unless extinguished by the causes provided by the law
MODES OF ACQUIRING EASEMENTS:
1. By Title

 Continuous and apparent easement

 Discontinuous and apparent easement (Art. 622)

 Continuous and non-apparent (Art. 622)

 Discontinuous and non-apparent (Art. 622)

MODES OF ACQUIRING EASEMENTS:

2. By Prescription (10 years)

 Continuous and apparent easement

3. By Expropriation (Republic VS PLDT L-18841 January 29, 1969)

OBLIGATIONS OF THE DOMINANT ESTATE:

1. Cannot alter the easement or make it more burdensome (Art. 627)

2. If there are several dominant estates, each must contribute to

necessary repairs and expenses in proportion to the benefits received
and not to the value.
OBLIGATIONS OF THE SERVIENT
ESTATE:
1. Cannot impair the use of the easement
2. Must contribute to the expenses in case he uses the easement, unless
there is a contrary stipulation (Art. 628 par. 2)
3. In case of impairment, to restore condition to the status quo at his
expense plus damages
4. To pay for the expenses incurred for the change of location or form of
easement (Art. 629 par. 2)
RIGHTS OF THE DOMINANT ESTATE:
1. To exercise the easement including accessory easement (Art. 625)
2. To make on the servient estate all works necessary for the use and
preservation of the servitude at his own expense and notice to the
servient owner
3. To ask for mandatory injunction to prevent impairment or obstruction in
the exercise of easement in case servient estate impairs or obstructs
the easement
4. To renounce totally the easement if he desires to be exempt from
contribution of expenses (Art. 628)
RIGHTS OF THE SERVIENT ESTATE:

1. To retain ownership and possession of the land affected by the

easement

2. To make use of the easement unless there is a contrary stipulation

3. Can change the location of a very inconvenient easement without

injury to the dominant estate
MODES OF EXTINGUISHING EASEMENT:
(ART 631)

1. Merger – ownership of the dominant and servient estate by one person

2. Non-user for (10) years – the use of a co-owner of the dominant estate
prevents prescription as to others in as much as easement is
indivisible

3. Expiration of the term or fulfillment of the condition

4. Impossibility of the use (merely suspends and maybe revived)

MODES OF EXTINGUISHING EASEMENT:
(ART 631)
5. Waiver or renunciation by the owner of the dominant estate – must be
express, clear and specific. Mere non-user cannot give rise to the
conclusion as waiver (Francisco vs Paez 54 Phil. 239)
6. Redemption agreed upon – express stipulation of voluntary
redemption.

Note: Failure to annotate easement upon the title of the servient estate is
not a ground for extinguishing an easement.
OTHER CAUSES OF EXTINGUISHMENT:

 Expropriation of the servient estate

 Permanent impossibility of the use of the easement

 Annulment or cancellation of the title

 Abandonment of the servient estate

LEGAL EASEMENTS
(Arts. 634-687)

 Legal easements are easements imposed by law, and which have

for their object either for public use or the interest of private
persons.
 DIFFERENT LEGAL EASEMENTS:

I. Right of Way (Arts. 649-657)

 An easement or privilege by which one person or a

particular class of persons is allowed to pass over another’s land,
usually through one particular path or line
REQUISITES FOR THE COMPULSORY
EASEMENT:

a) The property is surrounded by the estate of the others

b) Claimant must be an owner of enclosed immovable or one with a right

c) There is no adequate outlet to the public highway

d) Right of way must be absolutely necessary

REQUISITES FOR THE COMPULSORY
EASEMENT:
e) There must be established at the point least prejudicial to the servient
estate but not necessarily the shortest point

f) Payment of the proper indemnity which can be refunded when

easement ends. Payment first before use.

g) Isolation must not be due to claimant’s act

Note:

 The burden of proving the existence of the prerequisites lies on the

owner of the dominant estate. (Floro vs Llenado 244 SCRA 713)

 Mere convenience for the dominant estate does not suffice to serve
as a basis for the easement. (Cristobal vs CA GR# 125339 June
22, 1998)
Note:

 When there is already an existing adequate outlet from the dominant

estate to a public highway, if the said outlet, for one reason or another,
be inconvenient, the need to open up another servitude is entirely
unjustified. (Coastabella Corp. vs CA GR# 80511 January 25,1991)

 The rule that the easement of right of way shall be established at the
point least prejudicial to the servient estate is controlling. (Quimen vs
CA GR# 112331 May 29, 1996)
Basis of Establishing Location of ROW:
(Bar exam 1996, 2000, 2005, 2010 & 2013)

1. Must be established at a point least prejudicial to the servient estate

2. Where the distance from the dominant estate to a public highway

maybe the shortest
Width of the Easement of ROW:
(see also Art. 657 re passage of livestock)

 that which is sufficient for the needs of the dominant estate, and
maybe accordingly changed from time to time. Therefore, the
needs of the dominant estate determine the width of the easement.
 Easement in favor of the government: the only servitude which a
private owner is required to recognize in favor of the
government is the easement of a “public highway”. The
registered owner maybe compelled, if no pre-existing
easement imposed on the land and after the land has been
registered under LRA is the expropriation proceeding.
Causes for Extinguishment of ROW:

1. Opening of a new road (Art. 655 par. 2)

2. Joining the dominant estate to another abutting on a public road

DIFFERENT LEGAL EASEMENTS:

II. Easement relating to Waters (refer to Water Code)

 Lower estates are obliged to receive waters naturally and without

intervention of man, descends from the higher estate including the
stones and earth carried by the waters.
DUTIES OF SERVIENT ESTATE:
 cannot construct works that would impede the easement such as
blocking dam, which would divert the flow and burden another
tenement nor he can enclose his land by ditches or fences which
would impede the flow. But he may regulate or control the descent
of the water. (Art. 113 Law on Waters)
DUTIES OF THE DOMINANT ESTATE:

 cannot make works which will increase the burden (Art. 637); but he may
construct works preventing erosion. (Art. 114 Law on Waters)
DIFFERENT EASEMENTS RELATING TO
WATERS:
1. Natural drainage of lands (Arts. 637)
2. Natural drainage of buildings (674)
3. Easement of riparian banks for navigation, fishing, etc.
4. Easement of a dam (Arts. 639; 647)
5. Easement for drawing water or for watering animals (Arts.640-641)
6. Easement of aqueduct (Arts. 643-646)
7. Easement for the construction of stop lock or sluice gate (Art. 647)