ARTICLES

617 - 620
ARTICLE 617
Easements are inseparable
from the estate to which
they actively or passively
belong.
INSEPARABILITY OF EASEMENTS

“INSEPARABLE” indicates that

independent of the immovable to
which they are attached,
easements do not exist.
CONSEQUENCES OF INSEPARABILITY
a. Easements cannot be sold or donated or
mortgaged independently of the real property to
which they may be attached.

a. Registration of the dominant estate under the

Torrens system without the registration of the
voluntary easements in its favor, does not
extinguish the easements; but registration of the
servient estate without the registration of the
easements burdening it extinguishes said voluntary
easements.
PROVISION OF THE LAND REGISTRATION LAW

Easements shall continue to subsist

and shall be held to pass with the
title of ownership until rescinded or
extinguished BY VIRTUE OF THE
REGISTRATION OF THE SERVIENT
ESTATE, or in any manner.
ARTICLE 618
Easements are indivisible. If the servient
estate is divided between two or more
persons, the easement is not modified, and
each of them must bear it on the part which
corresponds to him.
If it the dominant estate that is divided
between two or more persons, each of them
may use the easement in its entirety, without
changing the place of its use, or making it
more burdensome in any other way.
INDIVISIBILITY OF EASEMENTS
Partition or division of an estate does not
divide the easement, which continues to
be complete in that each of the dominant
estates can exercise the whole easement
over each of the servient estates, but
ONLY on the PART corresponding to each
of them.
ARTICLE 619
Easements are established
either by law or by the will
of the owners. The former
are called legal and the
latter voluntary.
JUDICIAL DECLARATION THAT AN EASEMENT EXISTS

When the court says that an

easement exists, it is not creating one;
it merely declares the existence of an
easement created either by law or by
the parties or testator.
- La Vista Ass., Inc. vs. CA
 ARTICLE 620
MODES OF ACQUIRING

Continuous and apparent

EASEMENTS

easements are acquired by

virtue of a title or by
prescription of ten years.
HOW EASEMENTS ARE ACQUIRED
a. If continuous and apparent
 by TITLE and PRESCRIPTION
b. If discontinuous and apparent
 Only by TITLE
c. If continuous and non-apparent
 Only by TITLE
d. If discontinuous and non-apparent
 Only by TITLE
MEANING OF TITLE
 Title here does not necessarily mean
document.
 It means a juridical act or law
sufficient to create the
encumbrance.
 Ex: law, donation, testamentary
succession, contract
MEANING OF TITLE
- Fe P. Velasco v. Hon. Vicente N. Cusi
If a street or highway already exists when a Torrens
Title is issued to the adjacent owner, and said street
or highway is included inside the boundaries
mentioned in the title, the street or highway may be
regarded as an encumbrance or easement over the
lot just as effectively as when said easement is
recorded in the title. The action to quiet title must
necessarily fall.
ACQUISITION BY PRESCRIPTION

Note:
Prescription under Art. 620 requires 10
years irrespective of the good or bad
faith, the presence or absence of just
title on the part of the possessor.
ACQUISITION BY EXPROPRIATION
- Philippines vs. Phil. Long Distance Telephone Co.
 the government may not compel the PLDT to enter
into a contract with it – for freedom of stipulation is
of the essence of our contractual system
 BUT, the Republic may in the exercise of its eminent
domain requires the PLDT to permit interconnection
between the government telephone system and that
of PLDT, as the needs of the government service may
require, subject to the payment of just compensation to
be determined by court.